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From Rumor Mill News Reading Room
http://www.rumormillnews.com
THE POLICE CONTACT: SILENCE IS GOLDEN
Posted By: BarbaraHartwell <[EMAIL PROTECTED]>
Date: Sunday, 19 May 2002, 11:27 a.m.
Note from Babs:
Thanks to A Voice for Children for this excellent presentation on Fifth
Amendment rights under the U.S. Constitution.
THE POLICE CONTACT: SILENCE IS GOLDEN
By Carl F. Worden
I have debated writing this article for months.
I am a strong supporter of law enforcement, and I have an extensive background
in law enforcement. Even now, I have a number of conflicts which cause me great
concern with how the information I am about to impart to you will be used. I do not
want to enable the criminals in our society to thwart justice, but I am committed to
protecting the innocent from what appears to be an explosion of police abuse. In a
case like this, I choose to protect the citizens.
I will start with law enforcement contacts with regard to traffic stops for
suspicion of driving under the influence of alcohol or drugs.
The Fifth Amendment of the Bill of Rights states that we are not to be forced
to incriminate ourselves. The actual wording is that you cannot be "compelled" to be a
witness against yourself. If you are stopped for suspicion of DUI, these are your
rights, regardless of the laws of your state.
First, you are to deny having consumed any alcoholic beverages whatsoever. You
are never to admit to having one or two drinks. If you admit to consuming even one
drop of alcohol, you open the door to probable cause, allowing the police officer to
search your vehicle for open containers. Next, you are never to submit to a field
sobriety test. You are to refuse to do so. They cannot make you walk the line, balance
or anything else. If arrested, you are to refuse to allow a blood or breath test,
regardless of what state law requires, such as revocation of driving privileges for a
period of time. That is an attempt to compel you to be a witness against yourself.
Supreme Court decisions in this area are quite specific with regard to your rights as
follows:
Lefkowitz v. Turley, 94 S. Ct. 316, 414 U.S. 70 (19 73).
"The Fifth Amendment provides that no person shall be compelled in any
criminal case to be a witness against himself. The Amendment not only protects the
individual against being involuntarily called as a witness against himself in a
criminal prosecution but also privileges him not to answer official questions put to
him in any other proceeding civil or criminal formal or informal, where the answers
might incriminate him in future criminal proceedings."
McCarthy v. Arndstein 266 U.S. 34, 40, 45 S. Ct. 16, 17, 69 L.Ed 158 (1924),
squarely held that "the privilege is not ordinarily dependent upon the nature of the
proceeding in which the testimony is sought or is to be used. It applies alike to
civil and criminal proceedings, wherever the answer might tend to subject to criminal
responsibility him who gives it. The privilege protects a mere witness as fully as it
does one who is a party defendant." Maness v. Myers, 95 S Ct. 584, 419 US 449 (1975).
"...where the Fifth Amendment privilege against self-incrimination is Involved ...
This Court has always construed its protection to ensure that an individual is not
compelled to produce evidence which later may be used against him as an accused in a
criminal action... The protection does not merely encompass evidence which may lead to
criminal conviction, but includes information which would furnish a link in the chain
of evidence that could lead to prosecution, as well as evidence which an individual
reasonably believes could be used against him in a criminal prosecution. Hoffman v.
United States, 341 US. 479, 486, 71 S. Ct. 814, 818, 95 L. Ed. 1] 18 (1951). "
"In Kastigar v. United States, 406 U S 441, 92 S Ct. 1653, 32 LEd. 212 (1972),
we recently reaffirmed the principle that the privilege against self incrimination can
be asserted in any proceeding, civil or criminal, administrative or judicial,
investigatory or adjudicatory. Id., at 444, 92 S.Ct., at 1656; Lefkowitz v. Turley,
414 US. 70, 77, 94 S. Ct. 316, 322, 38 L.Ed. 2d 274 (1973)...
Miranda v. Arizona, 86 S.Ct. 1602, 384 US 436 (1966).
"We have recently noted that the privilege against self-incrimination --- the
essential mainstay of our adversary system-is founded on a complex of values ... To
maintain a fair state individual balance, to require the government to shoulder the
entire load ... to respect the inviolability of the human personality, our accusatory
system of criminal justice demands that the government seeking to punish an individual
produce the' evidence against him by its own independent labors, rather than by the
cruel, simple expedient of compelling it from his own mouth... ln sum, the privilege
is fulfilled only when the person is guaranteed the right to remain silent unless he
chooses to speak in the unfettered exercise of his own will."
"...there can be no doubt that the Fifth Amendment privilege is available
outside. of criminal court proceedings and serves to protect persons in all settings
in which their freedom of action is curtailed in any significant way from being
compelled to incriminate themselves."
Please also note: The above, as stated by the Supreme Court, are rights and
privileges as guaranteed by the Constitution, and anyone (including judges) who
knowingly violates those rights may be civilly and criminally liable under several
federal statutes. Please see: United States Code, Title 18 Section 241 (Conspiracy
against rights), and Section 242 (Deprivation of rights under color of law); Title 42
Section 1983 - Section 1986 (Civil Rights). Most attempts to pursue action under these
laws fail, but very skilled litigators with good factual circumstances can sometimes
get some satisfaction. However, if more individuals were to understand the above
rights and exercise them at the appropriate times, more successful litigation could be
the outcome.
Okay, you got that? You cannot be forced to provide evidence against yourself,
therefore you must not allow any tests whatsoever, be it field sobriety "walking the
line", or a blood or breath test. Period. If you will follow these instructions, they
have no case against you and they are also barred from taking away your driving
privileges under the same Supreme Court rulings.
Now to more serious matters:
If you are contacted as a possible suspect, or even a witness, in any other
law enforcement investigation, you are to say nothing. You are to say nothing even
when your attorney is present. You are to say nothing, regardless of evidence of your
guilt as presented by the law enforcement officers. You are not to try to explain away
the circumstances of the evidence they present to you. You are to say absolutely
nothing. No matter how tempted you are to try to talk your way out of the situation,
you are to give them absolutely NOTHING to verify. If they ask you if the sky is blue
on a clear day, you are to say nothing. You are to give them nothing whatsoever.
Whatever evidence or witness information they have, you are to say nothing. Even
denying any of their allegations can be used against you in a prosecution if it is
determined later that you obviously lied. You are to stay MUTE.
The reason for this is quite simple: The evidence the law enforcement officers
have is all they must be required to work with. Don't give them anything more. The
only time you should consider the option of telling your side of the story is to your
attorney in privacy, or in a court of law if prosecuted.
Because you have stayed mute, giving law enforcement nothing in addition to
the extrinsic evidence and witness information at hand, the burden of proof available
to the district attorney is severely limited and will most often result in a dismissal
of charges unless their evidence and witness input is overwhelming and compelling
enough for a grand jury to return a bill of indictment. And even if bound over for
trial, the jury will be limited to consider only that evidence and witness input.
When you are given your Miranda Rights wherein you are informed that anything
you say can and will be used against you, take it to heart: If you say absolutely
nothing, NOTHING can and will be used against you in a court of law.
There are literally thousands of people behind bars today who tried to talk
their way out of a law enforcement contact. Don't fall for the ploy. Law enforcement
officers are trained to bluff you into making denials or statements. They will appear
friendly and reasonable. They will appear willing to help resolve the matter. They
will tempt you to talk about it and appear sympathetic. Don't fall for it. Say
nothing. Give them nothing. Deny nothing. Give them NOTHING. Stick your tongue between
your teeth and bite down - HARD. You are to be a marble statue. You do not exist. You
have no past, you have no address, you have no name, you have no social security
number. You are to give them nothing whatsoever to work with.
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