Remaining Silent Being Used Against You

[JAKIII]

Are you ok with your loved one being waterboarded? Or you being waterboarded?

It was an exaggeration to make a point. However, if you*re principled enough to be waterboarded over giving up your passcode then, ok.

Are you afraid that LE will find out about your phone sex addiction? The chinaman already knows!

[JenniferG]

I*m on the fence here.

However, if my loved one was kidnapped and the suspect*s locked phone could lead to her whereabouts, then I would be ok with him being water-boarded until he gave up the passcode.

*I realize this is the trial.

That goes without saying. SOP.

[bill gray]

I am a little late to the party here. The law professor who made the one hour video “ Never talk to the police“ also wrote a book called “You have the right to be innocent”. “He points out that if you don’t ask to use the fifth amendment in exactly the right way you can be denied It after the fact and evidence can come in that would not have had you done it correctly. He makes the point that asking for a lawyer using the sixth amendment will stop questioning immediately and has no such weaknesses yet. Short book. Lots of horror stories re the Fifth claimed incorrectly.

[Noah_Zark]

. . . In Valdez, the defendant was charged with kidnapping his ex-girlfriend after arranging a meeting under false pretenses. During his arrest, police found a cell phone in Valdez's pocket that they wanted to search for evidence that he set up the meeting, but Valdez refused to tell them the passcode. Unlike many other cases raising these issues, however, the police didn't bother seeking a court order to compel Valdez to reveal his passcode. Instead, during trial, the prosecution offered testimony and argument about his refusal. The defense argued that this violated the defendant's Fifth Amendment right to remain silent, which also prevents the state from commenting on his silence. The court of appeals agreed, and now the state has appealed to the Utah Supreme Court.

Wrong country, Utah. You're still part of the United States, not Great Britain:

"You do not have to say anything, but it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence."


Noah

[streaker69]

I am a little late to the party here. The law professor who made the one hour video * Never talk to the police* also wrote a book called *You have the right to be innocent*. *He points out that if you don*t ask to use the fifth amendment in exactly the right way you can be denied It after the fact and evidence can come in that would not have had you done it correctly. He makes the point that asking for a lawyer using the sixth amendment will stop questioning immediately and has no such weaknesses yet. Short book. Lots of horror stories re the Fifth claimed incorrectly.

That's because of our current corrupt legal system. A reading of the 5th amendment doesn't indicate that there's a method for it's declaration. Every citizen has the right to the 5th amendment, just as they do to the 1st and all the rest. No one would every say that someone has to properly declare that they're not a slave before they're guaranteed rights under the 13th.

[Bang]

In an IRS tax case, the defense appealed asserting that being required to sign the 10-40 amounts to violating the signer's 5th amendment right by forcing him to in effect testify against himself. It was denied.

[Yoder]

If you ask for a lawyer you must be guilty. I learned that on the First 48.