How To (and How Not To) Invoke Your Rights to Silence and Counsel (with Examples!)

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  • Опубликовано: 22 авг 2024

Комментарии • 43

  • @RanywayzRandom
    @RanywayzRandom  5 лет назад

    ▼Please check out the following related vids from my channel▼
    Why silence is usable in court: ruclips.net/video/LpnMVsTIWUI/видео.html
    Avoid the police like the plague: ruclips.net/video/6YoSAyJxRXk/видео.html
    Thank police officers: ruclips.net/video/Kk2EnvyV0-I/видео.html
    Guilt v. Innocence (Blackstone's formulation): ruclips.net/video/i9Ev_EE92Fg/видео.html

  • @robertanderson6929
    @robertanderson6929 4 года назад +17

    I think you will also need to invoke your 4th Amendment rights. I've personally seen instances where someone said, "I want a lawyer" or something to that effect and the officer claimed, "You're not under arrest. We're just trying to figure out what's going on." And then proceeded to continue questioning the suspect. In that instance, I believe you'd need to explicitly assert your 4th Amendment right by first saying, "Am I free to go?" If they answer with anything other than, "Yes." Then respond with, "I object to being detained." Otherwise, I think you would risk the police claiming that you were free to go but voluntarily remained and voluntarily answered their questions. For myself, I would begin with "Am I free to go?" And if they do not permit me to leave immediately then say, "I object to being detained and I want a lawyer." If they continue to badger me with questions or claim I'm not entitled to a lawyer since I have not been arrested then I would repeat, *"Am I free to go?"* If the answer is not in the affirmative then, *"I object to being detained and I want a lawyer.*

    • @UToobUsername01
      @UToobUsername01 2 года назад

      You don't have to ask police questions. You demand from them proof of thier claim that ypu committed a crime. If there is no damaged party (no harm to another man or his property) then there is no crime. No crime? Then no reason to waste your time. You then charge the government a fee for wasting your time since time is money and you are losing time talking to them.when you could be earning something. So the idea is that if they damage your income by essting your time you can get compensation for the time they stole from you. This limits interaction because governments are like corporations that do not want to go out of business and you can use the time to benefit you. Everyone has bills to pay, kids to tend to, time to relax and rest and your time is valuable because it is the one thing in life you don't get back. Even a trillionaire can't buy life extension to buy more time to live. Time is a commodity. The police do not have a strong argument for taking time from you so its important that you take control of the situation by getting them to produce the evidence for thier claim. Call your own police to explain to the police holding you up that you are being harassed for no reason. If you are not guilty then don't assume they have power to waste all your time. Basic common sense. No need for lawyers to decode legalese if you speak truth.

    • @robertanderson6929
      @robertanderson6929 2 года назад +2

      @@UToobUsername01 Is you comment meant to represent your _wishful thinking_ for how the world should be? If not then it demonstrates a complete lack of knowledge of how the justice system works. For example, How would you presume to "charge the government a fee" for your time? Even if you had the knowledge to file a lawsuit without paying a lawyer there are fees associated with such. And your lawsuit would be tossed without even a hearing due to a lack of demonstrated damages because despite what you think your "time" is worth. My point was there is nothing you can say to a cop which will benefit you other than making sure the _record_ clearly indicates that you were detained against your will. By asking for a lawyer (6th Amendment), refusing to answer questions (5th Amendment) and objecting to being detained without charge, probably cause or reasonable suspicion (4th Amendment) you prevent them from later claiming that you were "not detained" and therefore not entitled to a lawyer and your refusal to answer questions was the basis to suspect you of criminal activity.

    • @UToobUsername01
      @UToobUsername01 2 года назад +1

      @@robertanderson6929 I am more knowledgable than you on law. All laws are under common law which is the law of the land. The governments around the world are corporations. This is FACT which you can prove. You just have to first rocognise that you are not a commerical corporate entity and belong to God. Why is this so important? Because if God created you he OWNS you as the property and any government entity is subject to laws of the land. The problem is they don't teach the constitution in schools since arond the 1970s so people like you are running around thinking you can beat them in THEIR SYSTEM. You don't need to enter their system because you exist outside it. However not ackowledging that you are a creation of God, are a living being with living flesh created by the deity that created and owns you, and that you have a contract with that God that stretches back thousands of years before the government was ever formed by the people, ..is how they are able to ASSUME that you are subject to their codes, by laws, statutes and public policy when in fact none of that applies to you because as a corporation the government cannot force its laws upon you unless you consent to be governed by them. The way out of the system is to exercise your rights as sovereign authority. Where does authority flow from? another man or God? You point to the bible and when the judge asks you to tell the truth, the whole truth ad nothing but the truth you use your biblical teachings to school the government on laws of God. The owner of your temple (the human body) and use your logic to destroy any argument they have. I don't give a shit about legalese. I ask the cop to prove to ME where the law states that I have to waste my time. The cops have to be filmed at all times so the community can see how they respond and if they don't do it lawfully they can be kicked out of their job and also judges can be kicked out of the courts which we the tax payers OWN. This is beyond playing within THEIR rules. We are asserting OUR rules as the superior authority. Problem is none of you people acknowledge who the supreme judge is. It is the one that created you. It's property rights. Not trying to be a dick but this is laws that have been around for THOUSANDS OF YEARS. Long after the government collapses God's laws will be enforced by the community. The community is what pays the taxes and you don't pay tax without any respresentation. If the government is not doing the will of the community then you form a new government with your own police, your own courts, and create common law courts so you have your own system instead of using THEIR system which is corporate.
      www.usavsus.info

    • @robertanderson6929
      @robertanderson6929 2 года назад

      @@UToobUsername01 So, you were describing a fantasy land and not the American we live in. Fair enough. And while I may sympathize with you I will caution you should you ever come in contact with the Police. If you keep your mouth shut and do not argue with them they may only rob you of your money and your dignity. But if you open your mouth and give them cause then you will be lucky to escape with only being beaten so severely that you mother would not recognize you. If you are not lucky then you'll end up like Jeffery Epstein and thousands of others whose names you do not know.

    • @adamhearts9195
      @adamhearts9195 Год назад +1

      @@UToobUsername01 Goodluck with that,,, anyways back on planet earth..

  • @lookingbehind6335
    @lookingbehind6335 3 года назад +5

    Also remember if you invoke your right to remain silent and speak again.....about anything....you must invoke your right again.
    That is a trick that 99% of people fall for. The right goes away if you talk again. Once you invoke do not speak again.

  • @septegram
    @septegram 4 года назад +5

    A suspect said "I want a lawyer, dog." The court ruled that he might have been asking for a lawyer dog, even though no such thing exists.

  • @bubbasouth69
    @bubbasouth69 2 года назад +1

    I DO NOT consent to any searches and WILL NOT answer and questions and have nothing to say until I speak with a lawyer! Am I free to go? The only time you should ask a question is when you ask the police if you’re being detained or if you’re free to go. NEVER ASK if you can assert your rights! DEMAND it!

  • @noonehere4332
    @noonehere4332 4 года назад +5

    So the state has found loopholes in our constitutional rights.

    • @JerryDreifuerst
      @JerryDreifuerst Год назад

      Oh my sweet summer child, you're just making this observation?

  • @ScrappyXFL
    @ScrappyXFL 4 года назад +3

    "I want a lawyer, dog" is heard without he comma :DDD

  • @frankteunissen6118
    @frankteunissen6118 4 года назад +3

    But is remaining silent, I mean absolutely silent, not the same as invoking your right to remain silent? I mean, silence is just that: silence. Asking for a lawyer is another matter, obviously. But if you've said nothing, the prosecution has got nothing (from you, at least) and the Constitution says the court cannot infer anything from that.

    • @enderfal
      @enderfal 3 года назад +1

      Salinas v. Texas, 570 U.S. 178 (2013) Not responding to questions asked by law enforcement does not amount to invoking the right to remain silent...A witness does not expressly invoke the privilege by standing mute...Before petitioner could rely on the privilege against self-incrimination, he was required to invoke it. Because he failed to do so, the judgment of the Texas Court of Criminal Appeals is affirmed.
      To me it's garbage decision, as are many of the other decisions this video related to. Alas it's the state we are in now. You have to be a lawyer yourself just to properly invoke your rights. Even then you'll still be trampled on.

  • @arthuraskey8154
    @arthuraskey8154 2 года назад

    If I am under arrest, then, I have the right to remain silent. I already have that right, even if I do not invoke it. If I invoke it, then what I say, can and will be used against me in a court of law.

  • @Jin-Ro
    @Jin-Ro 4 года назад +3

    Isn't the 6th amendment one of the most abused of all. The right to a speedy trial. I believe it;s not uncommon for Americans to wait 4 years in prison for a trial.
    The system being clogged is no excuse. They're making their problem your problem, and you're innocent until proven otherwise.

  • @troysemrau3654
    @troysemrau3654 4 года назад +2

    Folks. Just google Pot Brothers at Law and learn the script. It’s 25 words and it works.

  • @chrishopkins1903
    @chrishopkins1903 2 года назад

    If you don't timely reserve your right latches incurred. You lose that right

  • @malachiignacio4581
    @malachiignacio4581 3 года назад +1

    If anything I say or do in a school principals office can be used against me why don’t I have the right to remain silent or have a the right to have a gardian present while being interrogated by a school official

    • @212Roger
      @212Roger 10 месяцев назад

      Juveniles do not have rights like an adult.

  • @JayeEllis
    @JayeEllis 2 года назад

    If asked a question by a police officer:
    You may say "I'm sorry, I can't help you."
    You may ask if you are free to leave, and do so, unless they place you under arrest.
    You may ask if you are under arrest. If you are, they have to tell you so, and read you your rights.
    As soon as you are read your rights, immediately tell them you want a lawyer, then SHUT UP!
    Unless you are in distress of some kind, stay silent. Do not speak unless spoken to.
    If you're asked another question, again, TELL them you want a lawyer, and SHUT UP!
    Repeat until you have a lawyer.

  • @KyberJar
    @KyberJar 5 лет назад +2

    Nice work

  • @Killianwsh
    @Killianwsh 3 года назад

    Excellently presented and informative video! Thank you for posting! Do you have or know of any similar videos about the proper way to invoke/assert one's first and fourth amendment rights to Municipal officials? Specifically, I am searching for information as to how to properly assert my right to privacy in the curtilage of my home and my right to free exercise of my beliefs within the private confines of my fully enclosed yard. Apparently Code enforcement officers do not believe in anyone's right to un-warranted searches as they regularly stand on vehicles in my ally to look over my wall trying to find anything they can to try to fine me for, as my beliefs do not align with their "Church of the State of Az"
    Any help or direction you might be able to offer would be appreciated.

  • @bubbasouth69
    @bubbasouth69 2 года назад

    James Duane’s book mentioned here is one of the best investments you can ever make! I highly recommend!

  • @JH-kh9lf
    @JH-kh9lf 4 года назад

    My Insurance say: "I will Cooperate 100% Officer, but first I need my Attorney" (Do not talk further without your Lawyer present)

  • @danielrodriguez6080
    @danielrodriguez6080 7 месяцев назад

    I want a lawyer dog.

  • @bradparker9782
    @bradparker9782 2 года назад

    I became aware that the police changed how they mirandize a person they used to ask three questions do you understand you have the right to remain silent that you have a right to an attorney and if you cannot afford one one would be appointed to you you understand these rights now they separate them if you say yes to one question you said yes to all of them so when asked a question you understand you have the right to you have the right to remain silent I say no to understand you have to write your attorney no I say I don't understand that is that the same as invoking your rights when you refuse to take them?

  • @malachiignacio4581
    @malachiignacio4581 3 года назад

    I need help

  • @thomasabramson100
    @thomasabramson100 4 года назад

    Doesn't the 5th amendment clearly states that invoking rights under such cannot be held against you ? . So all y9ou need to say is "I invoke my 5th amendment right to remain silent and not answer any questions I want my attorney END OF COMMUNICATION"

  • @barrymcdougal4816
    @barrymcdougal4816 4 года назад

    TYPICAL CRAP IT MEANS WHAT IS SAID --- YOU DO NOT NEED TO ANSWER A PIG THAT SAYS YOU HAVE THE RIGHT TO REMAIN SILENCE MEANS JUST THAT ---- UNLESS THE JUDGE IS CROOKED LIKE MOST LAWYERS AND COPS .

  • @rebeccapurdon3531
    @rebeccapurdon3531 2 года назад

    you need to be clear. I WANT A LAWYER. FOUR WORDS THATS IT. After your name address, and depending whrere you live your dob (in vic we do nt have to just name address0 make sure you say nothing else bar NO COMMENT. When they say are you going to say no comment t every statement, say NO COMMENT to that too. Dont thank them dont converse AT all bar i want a lawyer, name addy nd no comment. You arent paid to do their job for them and therye not there to help you and they not your friend.

  • @ChessInstructorSF
    @ChessInstructorSF 2 года назад

    Sorry, but this is a bunch of rambling and the stuff that you need to know amounts to about 10 seconds.

  • @barrymcdougal4816
    @barrymcdougal4816 4 года назад +1

    NEVER GO TO A LAWYER UNLESS YOU WANT TO GO TO JAIL --- MOST ARE FRIENDS OF THE COPS AND THE PROSECUTERS.

  • @huckfin1100
    @huckfin1100 3 года назад

    He speaks too feminine for me