PDA

View Full Version : What's the best way to assert my right to remain silent if I am being questioned



steel_ag
7th December 2012, 02:26 PM
Source: http://www.nolo.com/legal-encyclopedia/arrests-interrogations-faq-29076-4.html
What's the best way to assert my right to remain silent if I am being questioned by the police?
If you wisely choose to remain silent at least until you have a chance to consult a lawyer, you should tell that to your interrogator. If you just keep your mouth shut and say nothing, the police can legally continue to question you and if they do you might eventually say something you later regret. (Somewhat ironically, the rule is that you have to say something to claim your right to remain silent.) However, you don't have to use any magic words to let police officers know that you want to remain silent. After an officer gives you a Miranda warning, you can stop the questioning by saying something like:
I want to talk to an attorney.
I won't say anything until I talk to an attorney.
I don't have anything to say.
I don't want to talk to you.
I claim my Miranda rights.
If the police continue to question you after you have asserted your right to remain silent, they have violated Miranda. As a result, anything you say after that point -- and any evidence gleaned from that conversation -- will not be admissible at your trial.

10 Bears
7th December 2012, 02:37 PM
Me no angel in youth. When arrested or invite to a chat I never said a word after I said four simple words. "I want an attorney".

All you have to say is that line. I never volunteer to this day to speak to police..they twist things to get an outcome they want. Not in your best interests to volunteer anything without a legal person beside you.

Never be afraid to claim your own rights. Never be bullied or manipulated. Do not care what Police think. Care about what you will think after cell door slams shut and you realize YOU PUT YOURSELF THERE.

Some cops are no good. Can you tell the difference? I would not blindly trust anyone.

Santa
7th December 2012, 02:42 PM
Solid, is that you???? :)

10 Bears
7th December 2012, 02:52 PM
Solid, is that you???? :)

I am 10-Bears. No other.

palani
7th December 2012, 02:57 PM
Not desiring to engage in verbal transactions is inherently dishonorable. Besides I love to talk and I view anything at all presented to me as a contract offer. To cancel these offers I merely have to ask a question. It is ok to talk about anything under the sun so long as I can figure a way to tag a question mark at the end of my sentences.

Cebu_4_2
7th December 2012, 02:59 PM
I am 10-Bears. No other.

Certainly not beefsteak.

joboo
7th December 2012, 03:00 PM
Solid, is that you???? :)

Baaha...probably.

sirgonzo420
7th December 2012, 03:06 PM
If it is solid, his form is off.

He should be gas or perhaps plasma.

joboo
7th December 2012, 03:14 PM
Still waiting for fastbell to show up.

steel_ag
7th December 2012, 05:32 PM
Not desiring to engage in verbal transactions is inherently dishonorable. Besides I love to talk and I view anything at all presented to me as a contract offer. To cancel these offers I merely have to ask a question. It is ok to talk about anything under the sun so long as I can figure a way to tag a question mark at the end of my sentences.

Palani, I agree. "Silence is agreement, acquiescence and dishonor"

Do I have to have a point? What should I say?

palani
7th December 2012, 06:10 PM
Palani, I agree. "Silence is agreement, acquiescence and dishonor"

Do I have to have a point? Surely.



What should I say? You might introduce yourself and shake his hand. [Biblical restriction applies to pressing flesh but if you want HIM to be surety you might want to take a chance].

"Do you have a business card?"

"Do you have the burden of proof in these charges?"

"Would a hearing be fair and meaningful if I do not get responsive answers to my questions?"

In the event you fear you might have made an offer quickly inject "never mind". (this is about the only statement you should actually make ... everything else should be questions)

"Have you informed me of the nature and cause of this NOTICE?"

"Do you have a warrant?"

"Are you with the EXECUTIVE, LEGISLATIVE or JUDICIAL branch of government?"

"Is the nature of this action CIVIL or CRIMINAL?"

"Are there rules that you can ignore?"

"Is the statute, regulation or ordinance found upon duties owed by a citizen, resident or creation of THIS state?"

"Do you have a duty as part of your job to uphold the constitution for the United States of America as set forth in 1787?"

"Am I under arrest?"

"Am I free to leave?"

"Do you recognize that I have unalienable rights?"

"In what venue is the action to be tried?"

"Is the named defendant a statutory person?"

"Do you know the local time?"

"Do you have the proper delegation of authority to enforce the statute, ordinance or regulation?"

"How do you spell the name of the person charged?"

"Is the charging instrument an indictment?"

"What are the material facts being relied upon to bring these charges?"

"If this action is criminal did the crime take place in the venue of the People of the state or the venue of this state?"

"If you have a warrant was there a hearing held before the warrant was issued?"

"Do you have probable cause or reasonable articulable suspicion that I have injured anyone?"

"Are you a public officer of the state?"

"Are you a peace officer of the state?"

"Do you have an oath of office?"

"Do you have a bond?"

"Are you paid in gold or silver for your services here today?"

"Have you read the constitution of the state?"

"Do you know the difference between the state and this state?"

"Are you an officer with declared allegiance to uphold the Constitution of the United States of America?"

"Have you read the Constitution of the United States of America?"

"Is failure to respond to my questions in response to your notice a violation of my right to due process?"

"If I make a statement that is later shown to be false will this statement be used against me in a court of law?"

"Have you made any statement that I might later find to be false or lacking in truth?"

"Do you have any financial stake in the outcome of this event?"

"Do I have a right to defend myself if physically attacked?"

"Are you an agent?"

"Who is your principal?"

"Are you representing any principals that you have not disclosed to me?"

"Have you ever been found guilty of a felony or misdemeanor in a court of law?"

"Have you ever been suspended from any law enforcement agency for any cause or reason?"

"Have you disclosed all material matters of fact to me?"

"Am I presumed to be a Man or a person?"

"Have you made any presumptions about me concerning residency, country of origin or citizenship?"

May I be provided with a list of all persons who have relevant facts concerning the immediate matter?"

"Will you produce evidence that would remove the immediate matter from the Statute of Fraud?"

"If this is considered a criminal matter does the action arise of common law or some other system of law?"

"Have you signed the charging instrument?"

"What is the title or position of the person who signed the charging instrument?"

"Who is the damaged party in this action?"

"Is the damaged party a natural person?"

"What is your definition of 'person'?"

"If the damaged party is a fiction then what is the name of the relator for this party?"

"In what venue did the acts or actions complained of arise?"

"If I answer any questions am I agreeing to enter a contract?"

"Do you have to comply with ALL rules?"

"Is this state a corporation?"

"Have you ever seen or talked with a corporation?"

"Have you ever shot a man?"

"Have you ever tasered a man?"

"Do you have legal title to me?"

Just a few thoughts. If you are put under duress just go ahead and sign anything placed in front of you 'VI ET ARMIS'.

ImaCannin
7th December 2012, 07:48 PM
Dont talk to police video

https://www.youtube.com/watch?v=6wXkI4t7nuc

Ponce
7th December 2012, 09:16 PM
Best way to stop a cop from asking any more questions? "Mi no piaki inglis, mi Mexico"......cop, "OK, you are free to go".

ImaCannin
7th December 2012, 09:31 PM
https://www.youtube.com/watch?v=R7b5slUEw4U

10 Bears
7th December 2012, 11:40 PM
In next episode we hear "DON'T TAZE ME BRO!!!"

"Me let up on Tazer when you answer questions. Nice fingers..ever have a few broken?"
UGH..Read NDAA.
4163

10 Bears
8th December 2012, 12:47 AM
Don't get stopped in East Cleveland Ohio.. They just shoot you 137 times before they try to question you.

palani
8th December 2012, 06:31 AM
Don't get stopped in East Cleveland Ohio.. They just shoot you 137 times before they try to question you.

Not just E Cleveland. Cedar Rapids too.
www.thegazette.com/2012/12/04/man-shot-killed-by-cedar-rapids-police-after-chase/

Woman is said to have displayed a gun so they shot her thru the window. She didn't even have the window rolled down.

gunDriller
8th December 2012, 07:09 AM
i always thought passing gas could be useful in such a situation.

10 Bears
8th December 2012, 03:08 PM
Feign heart attack.