Regent Law Professor James Duane gives viewers startling reasons why they should always exercise their 5th Amendment rights when questioned by government officials.
I wish there was a video like this to view when I was 40 years younger; I was always taught honesty is the best policy and answering questions would be right. Little did I know.🙂
That’s interesting because every time the police show up for a home check, (monthly now) I get quizzed about everything on my sheet, like taking a test, to see if I pass or fail…..
Where in the SORNA statutory language requires a person who is forced to register, who is NOT on any type of Supervised Release, is required to show Identification?
I cannot find that statutory language…Here is my take on the situation:
“The United States Supreme Court (SCOTUS) has recognized a 4th Amendment Privacy Interest in NOT providing a person’s name or Identification or any other information to Law Enforcement when a person is not being detained on reasonable suspicion of committing a crime or imminent commission of a crime. ‘Stop’ and ‘Identify’ Statutes are approved by SCOTUS on the narrow grounds that identification must only be presented when a Court of Law of Jurisdiction has established a reasonable suspicion or probable cause.”…this is actually verbiage from one of my cases in which I am suing this ‘higher authority’.
I sometmes get probation and registration mixed up, since I deal with both.
While on probation, you have to show police your ID if requested, but do you have to allow them in your house and do you have to talk to them? My understanding is no. You only have to let probation in. Correct?
BUT, if you are not on probation YOU SHOULD NEVER let law enforcement in your house (unless you have a warrant) or answer any questions. If they say, “why, what do you have to hide?” tell them they can come back with a warrant or speak with your attorney. If you are not under arrest, you are free to walk away, ask them to leave your property or close the door.
All registered citizens on probation have a “warrantless search” clause in their probation order and have to let ANY law enforcement search in their house, car or residence area that I have ever known of without a search warrant, so you may be mistaken here.
I had asked everyone in my “group therapy” if theirs was the same and all said yes. It is standard probation language.
I like the door sign! A registered citizen who is not under supervision of some sort does not relinquish Fourth Amendment rights, which are particularly strong at the threshold of your home. It also applies to your vehicle. Never consent to a search. Never! You have just given up any Fourth Amendment protections.
If stopped on the street for questioning, your response should be some variant of “Am I free to leave?” If the answer is “No” then inform the officer that that constitutes a “non-consensual custodial interrogation”, and request an attorney. If the answer is “Yes”, just leave without answering any questions.
It is often difficult to assert our rights in the face of someone wearing a badge and a gun. However if we don’t, these rights will be eroded away. LE loves to assume more power than they actually have. The first step is to understand our rights as determined by the courts. Then take courage.
“Don’t talk to the police” applies to those on probation as well. You must be forthcoming with your PO, but I’ve seen no probation paperwork that says that one must talk to law enforcement officers. Whether you have to let police in your house depends on your paperwork.
That is the advice I wrote in letters to my 3 children when I got to prison. Even though I admitted my crime, investigators still felt the need to lie about what I had said to them. That’s where I really lost a lot of respect for law enforcement people.
Same thing happened to me, and then the assistant prosecutor threatened my wife to put me in prison for life if she told the officer filed a false police report.
Wow. Mind opening!
Who knew?
Excellent! A must see.
I wish there was a video like this to view when I was 40 years younger; I was always taught honesty is the best policy and answering questions would be right. Little did I know.🙂
I have taught my children and grandchildren that law enforcement should never, ever be trusted. They know to never speak to them about anything.
My children are all very successful. A couple of them are very high up in education vocations. They are influencing thousands of young people.
My children have helped me ensure the Registries are worse than worthless, for a very long time.
That’s interesting because every time the police show up for a home check, (monthly now) I get quizzed about everything on my sheet, like taking a test, to see if I pass or fail…..
We wrote about this before. Show your license and show the way to the sidewalk.
Where in the SORNA statutory language requires a person who is forced to register, who is NOT on any type of Supervised Release, is required to show Identification?
I cannot find that statutory language…Here is my take on the situation:
“The United States Supreme Court (SCOTUS) has recognized a 4th Amendment Privacy Interest in NOT providing a person’s name or Identification or any other information to Law Enforcement when a person is not being detained on reasonable suspicion of committing a crime or imminent commission of a crime. ‘Stop’ and ‘Identify’ Statutes are approved by SCOTUS on the narrow grounds that identification must only be presented when a Court of Law of Jurisdiction has established a reasonable suspicion or probable cause.”…this is actually verbiage from one of my cases in which I am suing this ‘higher authority’.
Please comment to clarify on your behalf…
thank you
Caveat: Talk to your P.O.
I sometmes get probation and registration mixed up, since I deal with both.
While on probation, you have to show police your ID if requested, but do you have to allow them in your house and do you have to talk to them? My understanding is no. You only have to let probation in. Correct?
You must let probation in.
BUT, if you are not on probation YOU SHOULD NEVER let law enforcement in your house (unless you have a warrant) or answer any questions. If they say, “why, what do you have to hide?” tell them they can come back with a warrant or speak with your attorney. If you are not under arrest, you are free to walk away, ask them to leave your property or close the door.
If you don’t feel comfortable saying something, prepare a sign to keep by your front door that you can hold up. You can download one here: https://s3.amazonaws.com/assets.iamerica.org/c4/s3fs-public/files/kyr_card.jpg
All registered citizens on probation have a “warrantless search” clause in their probation order and have to let ANY law enforcement search in their house, car or residence area that I have ever known of without a search warrant, so you may be mistaken here.
I had asked everyone in my “group therapy” if theirs was the same and all said yes. It is standard probation language.
FAC clearly said “if you are NOT on probation” …
I like the door sign! A registered citizen who is not under supervision of some sort does not relinquish Fourth Amendment rights, which are particularly strong at the threshold of your home. It also applies to your vehicle. Never consent to a search. Never! You have just given up any Fourth Amendment protections.
If stopped on the street for questioning, your response should be some variant of “Am I free to leave?” If the answer is “No” then inform the officer that that constitutes a “non-consensual custodial interrogation”, and request an attorney. If the answer is “Yes”, just leave without answering any questions.
It is often difficult to assert our rights in the face of someone wearing a badge and a gun. However if we don’t, these rights will be eroded away. LE loves to assume more power than they actually have. The first step is to understand our rights as determined by the courts. Then take courage.
“Don’t talk to the police” applies to those on probation as well. You must be forthcoming with your PO, but I’ve seen no probation paperwork that says that one must talk to law enforcement officers. Whether you have to let police in your house depends on your paperwork.
Remember it is permissible for Law Enforcement to lie to you and the always do to get what they want.
That is the advice I wrote in letters to my 3 children when I got to prison. Even though I admitted my crime, investigators still felt the need to lie about what I had said to them. That’s where I really lost a lot of respect for law enforcement people.
Same thing happened to me, and then the assistant prosecutor threatened my wife to put me in prison for life if she told the officer filed a false police report.