We Just Want To Talk To You

[palani]

The FBI is made up of accountants. 'Nough said.


https://adask.wordpress.com/2016/05/29/how-fbi-interviews-can-entrap/

Article suggests strongly you have a recorder going when LEO wants to talk.

[boogietillyapuke]

keep your mouth shut......won't need a recorder.

[Down1]

You Can’t Be Silent if You Want to Be Silent

In a closely contested 2013 decision, the United States Supreme Court held that prosecutors can, under appropriate circumstances, point to an out-of-custody suspect’s silence in response to police questioning as evidence of guilt. (Salinas v. Texas, 133 S. Ct. 2174 (2013).) According to the Court, the prosecution can comment on the silence of a suspect who:

is out of police custody (and not Mirandized)
voluntarily submits to police questioning, and
stays silent without expressly invoking his Fifth Amendment rights.

The only way to prevent the government from introducing evidence at trial of the suspect’s silence is to explicitly invoke the right to say nothing. In other words, without being warned by the police or advised by a lawyer, and without even the benefit of the familiar Miranda warnings (which might trigger a “I want to invoke my right to be silent!”), the interviewee must apparently say words to the effect of, “I invoke my privilege against self-incrimination.”
http://www.nolo.com/legal-encyclopedia/when-how-invoke-your-right-silence.html


http://www.nolo.com/legal-encyclopedia/when-how-invoke-your-right-silence.html

[Glass]

I would technically disagree with that quote. Rights and Privileges are different things.

I would take the position that the right to take the 5th - against self incrimination, as it is called, would only come into play if you were facing a Jury, grand or otherwise. In my mind those situations would not be voluntary.

If you were not arrested and being questioned, or in any other situation, you could do the same and say you are exercising your right to stay silent. I think saying the privilege against self incrimination, when not arrested, is self incriminating.

Outside of that you would be under arrest and so you would be advised of your rights and can exercise them.

What the lawyer is doing with regard to the situation is turning an interrogation into a deposition. I think it is a smart move on two levels, which he describes well. This may not be possible if you are in a police station, but that is not the kind of situation at question. Police will generally give you a statement to sign before letting you go. Check it and correct it if necessary if you don't have counsel or a witness. Don't sign it until it is correct.

[palani]

A-S-K-I-N-G

As-King

Never make a statement. Always a question.

So the sheriff showed up at the Lord's manor and asked to speak to the Lord. On his appearance the sheriff stated: "My deputy discovered your chamber maid's body in your woods. Do you know anything of that?"

The Lord replied: "Was your deputy trespassing or poaching at the time?"

The one asking the questions is the one in charge. The one answering the questions is either guilty or subservient.

Facts are not relevant. Only status is relevant.

[boogietillyapuke]

All rights were a gift from God, not government and the misleadingly titled bill of rights. It should have been titled bill of government restrictions.............not that that stops them.

[Glass]

All rights were a gift from God, not government and the misleadingly titled bill of rights. It should have been titled bill of government restrictions.............not that that stops them.

I posted a video in the firearms section on Riding with a Gun. The video starts out by saying that Americans can have guns. That it is guaranteed by the Constitution and the Bill of Rights. And that those rights come with some restrictions. From then on everything else discussed is wrong because it is based on this statement.

The Constitution and the Bill of Rights do not guarantee those rights. They simply tell people what some of their rights are, not all of them, just some, so at least they might get an idea of what the word RIGHTS might actually means.

The people guarantee those rights and only the people CAN guarantee those rights. They do so by exercising and protecting them. This is where the problems stem from.