Remain Silent

scotus

Before 2013, I used to advise my clients to shut up – to not say anything at all. It was my view, and the view of most lawyers, that this was an appropriate exercise of the right to remain silent under the Fifth Amendment to the US Constitution.

That changed with Salinas v. Texas. As Justice Alito put it in the opening to his majority opinion:

Petitioner’s Fifth Amendment claim fails because he did not expressly invoke the privilege against self-incrimination in response to the officer’s question. It has long been settled that the privilege “generally is not self-executing” and that a witness who desires its protection “ ‘must claim it.’ ” …. Although “no ritualistic formula is necessary in order to invoke the privilege,” … a witness does not do so by simply standing mute. Because petitioner was required to assert the privilege in order to benefit from it, [his] Fifth Amendment claim is [rejected].

This means you cannot simply remain silent in order to be protected by the Fifth Amendment. You have to assert that right. That could be a Catch-22 – in order to assert your right to remain silent you might have to say it, and thus not be silent.

So I thought putting it on a card would allow people to assert the right to remain silent without having to break silence. As lawyers we don’t want our clients to talk – not a single word. Hold up the Fair DUI flyer, or anything else that says “I Remain Silent” or something similar, and you’re protecting yourself under the Fifth while remaining silent.

I see activists on YouTube videos asking questions like “Am I being detained?”; or “Am I free to go?”

Stop. They’re stupid questions. They may look good on a YouTube video but they don’t help in a court of law. Shut up. Not one word. The police officer will tell you when you’re free to leave.

338 replies on “Remain Silent”

  1. You have to read it and understand it. It states:

    Any person who willfully refuses to accept and sign a summons as provided in subsection (2) commits a misdemeanor of the second degree.

    The key phase here is: “subsection (2)” Which states:

    (2) Except as provided in ss. 316.1001(2) and 316.0083, any person cited for a violation requiring a mandatory hearing listed in s. 318.19 or any other criminal traffic violation listed in chapter 316 must sign and accept a citation indicating a promise to appear. The officer may indicate on the traffic citation the time and location of the scheduled hearing and must indicate the applicable civil penalty established in s. 318.18.

    The key phase here is: “violation requiring a mandatory hearing”

    Must read and understand first.

  2. When will a Fair DUI Flyer be available for Illinois? Citizens do not realize that the police can legally lie to you and legally you can not. This is very valuable information to protect innocent citizens with knowing their rights during a checkpoint. Police and prosecutors depend on citizens being ignorant of the law.

  3. Could you make a flyer for New Mexico please. We have nothing but oath breakers out here. Thank you for your time.

  4. Pingback: learn more
  5. Pingback: social selling
  6. Pingback: go right here
  7. Pingback: read more
  8. Pingback: fire amazon tv
  9. Pingback: top article
  10. Pingback: clock manufacture
  11. Pingback: auto lawyers
  12. Pingback: mls london
  13. Pingback: moving company uk
  14. Pingback: go to my blog
  15. Pingback: fire tv developer
  16. Pingback: official website
  17. Pingback: whats a chat bot
  18. Pingback: Towne Mailer
  19. Pingback: seo specialist
  20. Pingback: move it london
  21. Pingback: click now
  22. Pingback: Towne Mailer
  23. Pingback: official website
  24. Pingback: go right here
  25. Pingback: chatbot course
  26. Pingback: clock accessories
  27. Pingback: view
  28. Pingback: ppc outsourcing
  29. Pingback: check out here
  30. Pingback: he said
  31. Pingback: read this now
  32. Pingback: marketing firm
  33. Pingback: read more
  34. Pingback: wordpress plugins
  35. Pingback: keyword analysis
  36. Pingback: my review here
  37. Pingback: Omaha SEO
  38. Pingback: placement company
  39. Pingback: pendulum movements
  40. Pingback: dean graziosi
  41. Pingback: check it out here
  42. Pingback: GPS Receiver
  43. Pingback: Omaha SEO company
  44. Pingback: more info
  45. Pingback: mindmint software
  46. Pingback: cabo rentals
  47. Pingback: dean graziosi
  48. Pingback: Check It Out Here
  49. Pingback: villa los cabos
  50. Pingback: cabo house rentals
  51. Pingback: dean graziosi
  52. Pingback: cabo villa rentals
  53. Pingback: Omaha SEO firm
  54. Pingback: cabo honeymoon
  55. Pingback: beaches in cabo
  56. Pingback: broker blueprint
  57. Pingback: cabo luxury villas
  58. Pingback: great post to read
  59. Pingback: san jose del cabo
  60. Pingback: see here
  61. Pingback: dean graziosi
  62. Pingback: fire tv streaming
  63. Pingback: cabo villas
  64. Pingback: dogs in london
  65. Pingback: knowledge broker
  66. Pingback: perfect mastermind
  67. Pingback: check over here
  68. Pingback: Recommended Site
  69. Pingback: Primary keywords
  70. Pingback: dogs in london
  71. Pingback: knowledge broker
  72. Pingback: new amazon fire tv
  73. Pingback: wedding djs
  74. Pingback: dj in bozeman
  75. Pingback: roku tv
  76. Pingback: success secrets
  77. Pingback: my company
  78. Pingback: check my blog
  79. Pingback: article
  80. Pingback: roku developer
  81. Pingback: article
  82. Pingback: metal clock hands
  83. Pingback: my review here
  84. Pingback: see here
  85. Pingback: look at here now
  86. Pingback: wedding dj montana
  87. Pingback: read more
  88. Pingback: GPS Receiver
  89. Pingback: clocks for schools
  90. Pingback: click here
  91. Pingback: entire process
  92. Pingback: secrets to scale
  93. Pingback: power moves
  94. Pingback: try here
  95. Pingback: read review
  96. Pingback: tony and dean
  97. Pingback: This Site
  98. Pingback: power moves
  99. Pingback: dog wheelchair
  100. Pingback: cash home buyers
  101. Pingback: launch secrets
  102. Pingback: click site
  103. Pingback: module 1 extract
  104. Pingback: news
  105. Pingback: dean graziosi
  106. Pingback: this website
  107. Pingback: buy my house fast
  108. Pingback: Get More Info
  109. Pingback: check my blog
  110. Pingback: sell property fast
  111. Pingback: great post to read
  112. Pingback: dean graziosi
  113. Pingback: tony and dean
  114. Pingback: Get More Info
  115. Pingback: virtual event
  116. Pingback: chatbots.marketing
  117. Pingback: fire amazon tv
  118. Pingback: buy my house
  119. Pingback: knowledge industry
  120. Pingback: entire process
  121. Pingback: advanced chatbot
  122. Pingback: chatbot companies
  123. Pingback: we buy homes
  124. Pingback: chatbot strategy
  125. Pingback: sell home for cash
  126. Pingback: official website
  127. Pingback: see this now
  128. Pingback: video seo
  129. Pingback: marketing firm
  130. Pingback: buy my house fast
  131. Pingback: click site
  132. Pingback: joomla ecommerce
  133. Pingback: news
  134. Pingback: search engine
  135. Pingback: search engine
  136. Pingback: chatbot
  137. Pingback: marketing firm
  138. Pingback: joomla ecommerce
  139. Pingback: search engine

Comments are closed.