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| Forums > Talk About It! > Security & Legal Issues > You have the right to remain silent | ||
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#91 | |
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Banned
Join Date: Jul 2010
Posts: 56
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![]() Sadly, the dunce corner is as overcrowded as the penal system. You can bet that there is a direct relationship between the two. Don't simply watch these videos, memorize them. Write down the lessons, rehearse how you are going to handle yourself. Be prepared. Not ignorant, blissful or not. |
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#92 | |
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Twice as clear as heaven and twice as loud as reason
![]() Join Date: Mar 2010
Location: Maui NO KA 'OI
Posts: 3,381
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this is a good thread and folks do need to know/understand what their rights are when dealing with illegal/quasi legal matters.
you can be prepared and know your rights and still operate in a polite/kewl manner you dont need to go on the all out aggressive/defensive... you can be passive/defensive (much like aikido) and come away from your encounter with the law unscathed/uncharged different strokes for different folks though. as long as you go free is the most important thing. Quote:
__________________
This body holding me reminds me of my own mortality. Embrace this moment. Remember. We are eternal. All this pain is an illusion. |
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#93 |
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New Member
Join Date: Jul 2010
Posts: 22
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Yes, you have the right to remain silent...and in some cases, your silence will be your undoing.
First and foremost, you have to know your adversary, his strengths and lack of them. Then with study and practice you can best choose the right strategy. For instance, trained DEA, TSA and LEO (such as police who specialize in interstate and highway interdiction), are highly skilled at reading those they profile, pull over and interview. Body language, when you are aggressive, why you weren't offended, temple pulse...a myriad of things that they use very quickly to make a decision to push a search, bring in the K9s or walk away. This is good, learn what works with them. Now if Bumpus County Patrolman Charlie Dimbrains yanks you over, you have to know what tools he has, which may be none. No dogs, no reading people, he's dangerous because he is stupid. Try to play the "I don't have to talk to you and won't" ploy with him, and he may cuff you and shove you into Bumpus County jail because he needs to take a leak and he don't like your hair . If you have stowed your contraband properly, let him search! When he doesn't find anything, you're better off than having him haul your call back to the Bumpus County police station where his nephew-tractor mechanic Doofus Dimbrains can strip it naked...because he can!Then there is the metro policemen who knows that he can't search without consent, detain you or fool around with your rights. He's a great target for the Professor James Duane approach. https://video.google.com/videoplay?do...2514885833865# Point: It ain't easy, there is no one right answer, your best bet is study, thinking, planning, limiting risk and being prepared when all goes to the shi**er. |
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#94 |
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Member
Join Date: May 2010
Location: land of the golden arch
Posts: 130
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Aggressive is kind of out of the question for me but it never stopped them from throwing me to the ground. After telling them "I wished to remain silent" that never slowed down the question or the insults. It wasn't until I gave them my name rank ss number they stopped asking me question. Then they dragged me out without my shoes or my medication. The point being it doesn't how polite you are to them you're trash as far as they're think.
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#95 |
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Member
Join Date: Jun 2006
Posts: 87
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Do not lie to your attorney. They cannot incriminate you under the rules of ethics.
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"It is a poor dog that is not worth the whistling." - Shakespeare |
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#96 | |
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Banned
Join Date: Feb 2006
Location: gilligans island
Posts: 13,142
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#97 |
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Banned
Join Date: Feb 2006
Location: gilligans island
Posts: 13,142
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#98 | |
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Member
Join Date: May 2011
Posts: 145
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Great videos, very interesting and entertaining, worth watching. |
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#99 |
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Member
Join Date: May 2010
Posts: 410
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Have had the TIVO recording many episodes of "The First 48". All the cases are murder cases, but the success of the no talking rule is VERY evident.
In almost all cases, the suspect who doesn't talk will walk. Either hes arrested with sufficient probable cause but has the charges later dismissed, or he is never arrested. In nearly every case where he DOES talk, he goes down. |
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#100 | |
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Member
Join Date: May 2010
Posts: 410
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If you go to your attorney for advice on a future crime, the attorney/client privilege may not apply. --- Attorney/client confidences are often described as "inviolate." However, this description is misleading. The attorney/client privilege is subject to several exceptions. In the United States, Rules of Evidence state that "the recognition of a privilege based on a confidential relationshipshould be determined on a case-by-case basis." In examining claims for privilege against objections that an exception should be made in a particular case, courts will balance the benefits to be gained by protecting the sanctity of attorney/client confidences against the probable harms caused by denying the opposing party access to potentially valuable information. The crime-fraud exception is one of the oldest exceptions to the attorney/client privilege. The attorney/client privilege is ultimately designed to serve the interests of justice by insulating attorney/client communications made in furtherance of adversarial proceedings. The attorney/client privilege does not extend to communications made in connection with a defendant seeking advice on how to commit a criminal or fraudulent act; or a defendant's statement of intent to commit a crime. In nearly all jurisdictions defense lawyers can be compelled to disclose such information to a court or other investigating authorities. A party seeking discovery of privileged communications based upon the crime-fraud exception must make a threshold showing that the legal advice was obtained in furtherance of the fraudulent activity and was closely related to it. The party seeking disclosure does not satisfy this burden merely by alleging that a crime or fraud has occurred and then asserting that disclosure of privileged communications might help prove the crime or fraud. There must be a specific showing that a particular document or communication was made in furtherance of the client's alleged crime or fraud. https://defensewiki.ibj.org/index.php..._and_Defendant |
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