Right to a lawyer? No more!

Paft · Post by **Paft** » Wed Jun 03, 2009 10:53 am

Since 1986, it's been a good assumption that questioning from the police must stop once you've asked for a lawyer - in fact, it's been part of the law. However, flying in under the radar in a 4-5 decision was the case of Montejo v. Louisiana - a case that overturned the 22 year old ruling of Michigan v. Jackson and has now made it abundantly clear that we are once again returning to the days where the police take it upon themselves to act as judge, jury, and executor without being held in check by laws that protect the suspects.

Now, police can badger and intimidate and harass you without any fear of reprisal. Sure, you can ask for a lawyer, but that's no gauarantee that you won't be harassed and threatened while the laywer is on his way. And in fact, you will most definately be, since 'innocent until proven guilty' is no longer upheld in these days where your average citizen has been cowed into submission and is scared of everything.

Reference: http://www.law.com/jsp/article.jsp?id=1 ... Two_Others

Brk · Post by **Brk** » Wed Jun 03, 2009 11:37 am

Unfortunate, but harassment has no effect if you follow the number one rule of being arrested: don't say anything. Don't confirm your name, your address, give them nothing. The only thing you do is state that you reserve your rights at all times and do not waive them for any reason. After that, clam up.

Here's a fantastic video from TheAntiTerrorist that speaks of this very thing. Worth a view for anyone.

The AntiTerrorist on dealing with the Police Part 1 of 2
[youtube]bE8rfefPQ24[/youtube]

ACLU: Know Your Rights: What to Do If You're Stopped by the Police
http://www.aclu.org/police/gen/14528res20040730.html

DIDS · Post by **DIDS** » Wed Jun 03, 2009 11:57 am

Thanks for the ACLU link Burke.

DIDS

JawZ · Post by **JawZ** » Wed Jun 03, 2009 12:25 pm

Another good site with some really informative videos is http://www.flexyourrights.org/

The right and wrong way to handle a police stop:

http://www.youtube.com/watch?v=KaCe6nQU ... re=related

http://www.youtube.com/watch?v=eDJrQBwJ ... re=related

http://www.youtube.com/user/FlexYourRights

mountainman · Post by **mountainman** » Wed Jun 03, 2009 1:08 pm

Great thread! A+ Will view again.

tao_jones · Post by **tao_jones** » Wed Jun 03, 2009 1:19 pm

No doubt when you ask for a lawyer there should be a cease in the interrogation.

My question is: If you were guilty of a crime why would you waive your Miranda rights?

jeremyboycool · Post by **jeremyboycool** » Wed Jun 03, 2009 3:14 pm

tao_jones wrote:No doubt when you ask for a lawyer there should be a cease in the interrogation.

My question is: If you were guilty of a crime why would you waive your Miranda rights?

Guilt.

tao_jones · Post by **tao_jones** » Wed Jun 03, 2009 3:31 pm

jeremyboycool wrote:Guilt.

True.

JC · Post by JC » Wed Jun 03, 2009 6:18 pm

Burke wrote:Unfortunate, but harassment has no effect if you follow the number one rule of being arrested: don't say anything. Don't confirm your name, your address, give them nothing. The only thing you do is state that you reserve your rights at all times and do not waive them for any reason. After that, clam up.

Here's a fantastic video from TheAntiTerrorist that speaks of this very thing. Worth a view for anyone.

The AntiTerrorist on dealing with the Police Part 1 of 2
[youtube]bE8rfefPQ24[/youtube]

ACLU: Know Your Rights: What to Do If You're Stopped by the Police
http://www.aclu.org/police/gen/14528res20040730.html

Great video and post Burke