You have the right to remain silent...

Today I want to talk about a topic that always seems to come up in the news on a lot lately.

It seems that every week we are hearing of confrontations between citizens and police officers, usually ending up in violence and/or a fatal police shooting.

I will not make any distinctions of race or ethnicity because we are all governed and protected under the same law.

The law I am referring to is found in the constitution and is better known as the Fifth Amendment. The fifth amendment states;

"No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation."

I will focus mainly on the portion that states "nor shall be compelled in any criminal case to be a witness against himself".

Most people do not seem to have a concept of the true meaning of the 5th amendment and how it can protect us in ANY confrontation with a police officer.

Many people are aware of Miranda that is normally provided by an arresting officer to a person that is about to be taken into custody. It usually consists of the arresting officer reminding the suspect of their right to avoid self incrimination by remaining silent.

What most people don't realize is that they tend to unknowingly waive their 5th amendment right prior to being taken into custody by the arresting officer because they self incriminated themselves by saying something that will be used against them in court.

Generally by the time Miranda is given to a suspect, they have usually already incriminated themselves in one way or another.

Let's clear something up right now. Any lawyer or law professor worth his/her salt will agree when I say "Nothing you say(or do) can be used to help you in court." In fact, everything you say or do can only be used against you. That is the truth.

I am here to tell you that you have the right to remain silent even as you are originally approached by an officer. I am not saying that you should not be polite and refuse to speak to the officer entirely. You can politely decline any line of questioning and refer any questions to your attorney. You have the right to an attorney even if you aren't guilty of anything or if you are not under arrest.

What you have is the right to not self incriminate yourself by staying silent. If you are pulled over during a traffic stop, a safe way to practice your 5th amendment right would be to ask the officer to issue the citation so you can be on your way. You don't need to admit to anything or deny anything(which will be used against you in court). 

It is better to drive away with a summons to appear in court in your hands than it is to take a ride in the back seat of a cruiser in cuffs. No good will come from arguing with the officer who is only trying to do his/her job. Any disputes should be handled through your attorney in front of a judge.

Another way to avoid self incrimination is to avoid digging around your car to find your license, registration and proof of insurance. It is best to have all of your papers in a place that is easily accessible from the driver's seat of the vehicle without having to reveal anything in your car that you may or may not even be aware of.

You may not be aware he even has the drugs on him. Fast forward to a traffic stop. It is too late to search for anything illegal in your car after you see flashing lights in the rear view mirror.

 

Imagine a moment that an officer comes up to your window requesting those documents after pulling you over for a broken tail light. Unfortunately for you, your registration had somehow made its way under the passenger seat next to you.

As the officer waits patiently for you to locate your registration and insurance, you reach your hand under the passenger seat and wrap your fingers around a handful of papers that you hope will include your registration. As you pull the wad from beneath the seat, you locate your registration but also a small Ziploc bag containing your good friend's marijuana stash comes into plain view of the officer.

 

Suddenly what began as a routine traffic stop due to a broken tail light on your car quickly spirals into a "It's not mine." as you feel the cold hard steel of handcuffs wrapping tightly around your wrist.

You waived your 5th amendment right the moment you showed the officer you were in possession of a controlled substance. The 5th amendment is not just about your right to remain silent. It is about your right against self incrimination by any means.

The fifth amendment not only protects us, it also limits what law enforcement officers can do.

Here is a link to a video that not only shows a citizen standing up for his right to remain silent during an encounter that lasted less than 25 seconds. http://www.youtube.com/watch?v=Qp5TKXLKFBc&feature=share

While the majority of U.S. citizens are not aware of this right, many police officers are not aware of it as well and will actually become upset if you don't talk with them. In the event an officer becomes angry at you for practicing your 5th amendment right politely decline to answer their questions and ask to speak to his/her superior. There is no law against you refusing to answer. In fact the constitution protects you.

If you have any doubt that what I am saying to you is true, please feel free to watch the following video where a Harvard professor teaches his law students why they should never talk to police.

This is why I have begun the "Shield 5" project. It is designed to provide a friendly reminder to law enforcement officers of your right to avoid self incrimination through your words or actions.

 I am still working on some of the business details but come back soon to get your personalized "Shield 5" notice to Law Enforcement sign for your car.

Until then feel free to download and print the following sign to place on your car to help show police officers that you are an informed citizen well aware of your 5th amendment right.