LAWYER: Cops Don’t HAVE to Read You Miranda Rights

[@erikfast4228]

I laughed so hard when you said that cops know the law. What are you going to tell us next? Santa Claus is real?

[@gta4everrr]

Yeah. I'm like, judges and prosecutors _maybe,_ but definitely not the police. They're all given immunity that lets them get away with not knowing the law "within reason" or "in good faith," but of those three, I'd say police are held to the lowest standard.

[@GoofyPoetMan]

Yeah Santa is real and cops do know the law. The law is "The cops always win no matter what, and the law won't protect you."

[@modernretroradio993]

Two things: 1. ATTN, people: Know your rights because a cop ain't gonna tell ya'. 2. Learn this phrase: "I don't answer questions."

[@ksw501]

Yup

[@glee21012]

No. "I exercise my right to remain silent, and I want my lawyer" "Lawyer" is cop kryptonite, and all legally pertinent questions will cease after that. STFU after that.

[@kaseyboles30]

@@glee21012 They try to tell you it doesn't matter and they'll go easy if you come clean and they know everything. Regardless stick to it and tell them you wave none of your rights and want an atty.

[@mrca2004]

I don't break the law so have no worry. Funny how that works. I don't have to say I dindu nuffin. Because it isn't a question.

[@sajiretto]

Noooot discussing my day!

[@BrianMaddox]

Remember when we were kids and we were shocked at how much people in the USSR had to fear their government and police? Yeah.

[@kirkmorrison6131]

Now. we are there

[@wingatebarraclough3553]

..yup.. all while communists were incrementally taking over here... look at the NKVD blue stripe

[@selfdo]

It's often what you say that you could have NOT said, before arrest, that gets you arrested...aside from telling the "nice" policeman to go fook himself.

[@philmann3476]

I remember when they said, "Can you believe it? In the Soviet Union, you can be arrested for taking pictures!!" Yeah, about that....

[@freepanda1553]

I used to see videos on the news of police just breaking down doors , and arresting people with no warrant , and no real crime . Good thing that could never happen here... Crap .

[@shadowsmirk]

You really need to expand on this. How much of the "routine booking" can one refuse without being charged with another crime? What is the reasonable course of action until one can get a lawyer present?

[@mygolfballsannoy]

I think In Calif name / bday only 🤐🤐🤐

[@gtdgabriste1]

If you are looking for video ideas, tell us how to survive everything between "you are under arrest" and "hi, I'm your lawyer". I hope I never need it, but if I do my current plan revolves around 'name', 'date of birth', 'I'm not resisting', 'at this time I do not require medical attention', and 'layer dog!'

[@cjalexanderjr8811]

@@gtdgabriste1just like in the military when captured by the enemy: NAME, RANK and SERIAL NUMBER. And nothing else!

[@mygolfballsannoy]

@@gtdgabriste1 i disagree.. i say make a big deal about injury after being cuffed.. Demand medical.. Make a big deal about it.. especially if you are detained/released.. always 👮🏻 think they can injure you then just drive away..

[@travisdonotsuscribegototjs9323]

Sadly most of the time you have to be charged with a crime and facing Court in order for them to assign council , because if you're charged with a crime is supposed to go to the DA's office to formally charged you and then that's when you get an attorney so it'll probably take 2 to 3 weeks before you get an attorney unless you have one on retainer then you have balling money and you're not dirt s*** poor

[@nasis18]

I always say "Anything you say, at ANYTIME, will be used against you. Not for you." Casual conversation is also a way cops get around miranda.

[@greenflagracing7067]

sometimes, sometimes not.

[@sebastianryan7724]

This couldn’t be farther from the truth

[@nasis18]

@sebastianryan7724 Please elucidate on why you believe that. Also, further is the correct adjective to use, not farther.

[@sebastianryan7724]

@ okay grammar school king I’ll elaborate. That phrase grossly misinterprets police authority. Also there are TONS of Supreme Court cases (Missouri v Seiberg) (Rhode Island v innis) (Edwards v Arizona) research these and you’ll know more limitations police have to watch out for. Also the Miranda warning only applies to custodial interrogations. Statements that can’t be used in court include: coerced statements, statements made during please bargains, statements protected by the 5th and 6th amendments.

[@greenflagracing7067]

@@sebastianryan7724 what is or isn't custodial can be a nuanced issue, see, Oregon v. Mathiason and California v Beheler

[@kizmo2317]

I've always operated under the premise that if my signature is necessary, it can't be compelled.

[@rodh1404]

It might not be compelled, exactly, but they might give you a choice: sign, or go to jail. For most people, that's the same as compelling you to sign.

[@treefrogdoogie]

​@@rodh1404if you're in fingerprinting, you're already in jail.

[@ronniemeadows9101]

One of the best channels on KZbin.

[@BillySBC]

What messes me up about Constitutional Law is that the Supreme Court has ruled that you don't have some of these Rights unless you specifically invoke those Rights? So the Constitution gives you certain rights but if you don't say you wanna use it you don't have it? What? Maybe cops shouldn't have Qualified Immunity unless they say they want it at a traffic stop.

[@Nosferatu1022]

What right must you invoke to have it?

[@BillySBC]

@@Nosferatu1022 Your 5th Amendment Rights for starters.

[@Nosferatu1022]

@@BillySBC you do not need to invoke your 5th amendment right. You can simply say nothing. You can't be compelled to speak. Anything else?

[@BillySBC]

@@Nosferatu1022 You're wrong... The US Supreme Court has ruled that if you do not invoke your 5th Amendment Rights VERBALLY then your silence can be interpreted as GUILT. You check that out.

[@Nosferatu1022]

@BillySBC That judgment is splitting hairs. You don't have to invoke. Don't speak. It can't be used against you as "guilt", as you say. However, if you do not speak and hours pass and suddenly you answer a question without asserting the right to remain silent, you are not protected and have not unambiguously invoked that right. If you never speak, you can't be forced to. Go check that out a little further for yourself.

[@PsychicPsycho0]

🚨🚨🚨🚨🚨🚨🚨🚨🚨🚨 Please do a full video explaining the booking procedure. Particularly what we're legally required to do/sign and what we can refuse to do/sign. If I refuse to sign the booking forms what do the cops do then? 🚨🚨🚨🚨🚨🚨🚨🚨🚨🚨

[@That1EeveeFan2]

That's my question too.

[@thomasjohnson2038]

You have an accident and the cameras are down. There are great LEO but then their are corrupted cops who win by any means even if their wrong.

[@sebastianryan7724]

Then you’re breaking the law and can be charged for obstruction. Simple

[@sebastianryan7724]

There’s tons of KZbin videos on people refusing to sign tickets and are taken to jail for such. It’s not hard to do a little research

[@gscott9665]

This guy rocks and rolls, then comes back and rocks some more!!

[@FiveBuckets]

Should we carve Joe Biden into Mount Rushmore? I'm laughing my head off!

[@terryjwood]

I've always suspected this! They LOVE doughnuts! Thanks for the heads up!

[@KenSiefert]

I used to date Miranda but she would never say much

[@Pappysan]

She ain’t right…

[@gameslover7698]

Miranda is actualy a dude 😂

[@mrca2004]

I love it when they say, I know my rights. No they don't. Same when they answer a question starting with the word "honestly" or "to tell the truth." It means they are lying.

[@rodh1404]

Not always about the honestly bit. But when they say that, it casts doubt on everything they say even though it could all be truthful. A better way to say that is "to put it bluntly" or something like that. It's what most people mean anyway.

[@mrca2004]

@@rodh1404 Watch any YT Fridays with Fred or show with an arrest or questioning. They wouldn't say it if they weren't lying.

[@samazon52]

Officer Andy is so informative! After he says to get out of the car, he tells you to put your hands back and that you're under arrest -- both before you actually get out. Real cops get you out, then grab you and tell you put your hands back, and might tell you that you're under arrest as the cuffs go on.

[@doom4067]

After they shout "STOP RESISTING" a few times.

[@modernretroradio993]

Considering that cops routinely violate our rights anyway, why bother reciting them to us?

[@ksw501]

Yup

[@gta4everrr]

It's kind of like that oath to constitution. Not much different than a 1st grader regurgitating the Pledge of Allegiance in school.

[@thedave1771]

Because if you aren’t informed of your rights, any information obtained during a custodial interrogation will not be usable in court. They usually want to use the interrogation, otherwise why bother interrogating?

[@sebastianryan7724]

@@modernretroradio993 are you stupid all the time? Or just when you posted that comment

[@michaelbatson1879]

Under Terry v Ohio and Berkhimer vs McCarty, during a traffic stop, once you hand over the legal required documents, you have the right refuse to answer any and all police questions.

[@doom4067]

You might not have the right to an attorney during a terry stop, but you always retain the right against self incrimination.

[@Black_Blow_Fly]

"I don’t answer questions."

[@Sash2016]

Back in 2012 my brother's car got hit by another vehicle that tried to pass him from behind on a curve. When the state police arrived on scene, the cop told my brother that he needed to sign a document saying my brother caused the accident. The cop lied to my brother and said that it was not an admission of guilt, but simply routine procedure. I told my brother not to sign, but the cop was thretening my brother with arrest if he didn't give his signature. Long story short, my brother signed and when he contested it in court the judge said he had admitted guilt ( as expected). I think it would be helpfull if you made a video on NOT signing documents.

[@gta4everrr]

Best approach is to only speak when directed to do so by your attorney. When being asked those routine booking questions, only give information you're legally required to provide.

[@greenflagracing7067]

your attorney is not going to be there to hold your hand during booking.

[@davidalderman9547]

Could no they WILL use it against you in any way they can.

[@terry_willis]

No normal/reasonable citizen can remember all the points in this video, esp. when under the stress of police intimidation. So just remember to invoke your 5A right to not say anything and zip it.

[@CigarMick]

If you have the Attorney Shield app you can have an attorney within 30 seconds to help you navigate any traffic stop. A live attorney on live video chat from the state your are in while you are stopped during the traffic stop.

[@greenflagracing7067]

that's a scam

[@greenflagracing7067]

scam

[@bholt2160]

You are so....wrong.... attorney shield is pyramid scam...called them about a traffic stop...got told to plead guilty and take the points....next day I got a real lawyer and cancelled the service...

[@hardtime1972]

For what? You gonna ask him questions while the officer is asking you questions. Because the officer likely won't talk to him.

[@CigarMick]

@@hardtime1972 The attorney performs the same service as when you are taken in for questioning. You do not have to answer the cop's questions as per the 5th Amendment. The attorney speaks for you and lets you know if you should answer that question or not. Also, if the cop refuses to speak with the attorney and you do not answer questions then that makes the stop that much shorter because they know if they fuck something up you have the video evidence and an attorney as a witness. Pretty sure it would be a slam dunk win for you in court.

[@victotyorvalhalla]

Thank you for keeping us informed!

[@fountainvalley100]

Don’t say anything or sign anything except that citation on the side of the road.

[@Pappysan]

It’s real simple: Don’t talk at all!

[@rhess10]

I'm a little confused about the signing of the document. If it doesn't have your name on it, you obviously wouldn't sign the wrong name. So can you refuse to sign the document? And are you admitting to wrongdoing by signing anything at all?

[@ChristopherDell-mq2ct]

I recently moved down south. I got into a friendly argument with a former police chief when I told him a lot of cops don't mirandize and certainly don't have to after every arrest.

[@MicahThomason]

Between 1987 and 2005, I was arrested about 80 times. I've been read Miranda maybe a 20 times.

[@SyDiko]

Andy can you please expand on all of this? It's great that we're made aware of these legal schemes, but how does one protect themselves against this sort of thing? I know every situation is unique, but there has to some general avenue we can take to neutralize this immoral shit. And, more importantly, how do we get these legal loopholes sealed up?

[@itowmyhome797]

Consider my clams, steamed. Always good to know that we’re screwed

[@Monster_Rancher]

Miranda is a strong woman and needs no man.

[@gameslover7698]

Miranda is actualy a man 😄

[@flippityfloppity6213]

Those people who often get taken to jail are often complaining they werent mirandized

[@greenflagracing7067]

because you don't have to be mirandized until you're questioned about the crime.

[@llsher5210]

So just to clarify, if I'm stopped for a "routine traffic" I don't have to answer any questions? I can just sit there silent? And in that case, what happens? I'm guessing the officer pulling me over isn't going to like that

[@doom4067]

You have to provide your license, registration, and in some states proof of insurance. You don't actually have to say anything.

[@llsher5210]

@@doom4067 thank you so much for responding!! That makes perfect sense. As gen X I used to carry all that stuff in the glove compartment because that was the riot act right? "license and registration please". I obviously always have my license but I'm SURE I don't have my insurance info anymore and I'm not positive about registration. That seems moot now though because they've definitely already run my plates and know who the car belongs to before they've even gotten to me. Better look into making sure my insurance app is ready to go though. And really it's a good idea to have the paper docs because again as a Gen x I'm not tied to my phone. Occasionally I forget it.

[@Prof.ClaudioMiranda]

My name is Claudio de Miranda, I am a lawyer in Brazil and have a degree in public law, I am preparing to be a lawyer in New York and this case is in my veins

[@4toes1nose]

Thank you

[@larrybrinley8222]

In my county they play a recording of the Miranda rights in front of a group of people

[@CloudSociety420]

AVPD (Minnesota) ran over my backpack and they wrecked everything of mine but I was too scared to tell them. This happened a couple months ago. Is it still possible to have them repay me for damages? My backpack wouldn’t have been on the ground had they not thrown it and then moving a squad car for no real reason before giving me my bag with everything broken and telling me I had to leave while they talked to my bf. We were in the same car though and I was stranded for hours alone because of them! I just felt like I couldn’t do anything because if I came back they were going to arrest me for obstruction (assuming based on them telling me I couldn’t wait for my bf during them dealing with him) idk it just doesn’t t make sense and I feel like they should at least have paid for my broken phone and all the things that got ruined when the water bottle and chocolate milk bottle I had in there burst all over everything. It wasn’t a good day for me to say the least..

[@potato9832]

At the side of the road, they'll just arrest you for obstruction for not answering questions even if it won't stick they'll still do it.

[@michaelnelson3672]

Hey Mr. Flusche, quick question: I've seen you-tube videos, from first amendment auditors, where an LEO will come up to them and 'chest bump' as a form of intimidation or to make them move. Is this legal/acceptable? I know what would happen if I did the same to an LEO... Thanks...

[@johnsmith-sy2jg]

No, not legal but don't expect the cop to admit it. Even if it's on dashcam cop will say it's accident. "I thought he was going to step back and give me space" he will say.

[@jdore8]

Other KZbin attorneys need to step up their thumbnail game to your level.

[@davidskjeie945]

Ok. so one's name and address in at least one jurisdiction is considered part of the "routine booking process" in one jurisdiction. But what other information is so characterized and how does this differ between jurisdictions? Also, what authority held that "routine booking processes" are exempt from Miranda - Scotus, one or more of the Federal Circuits, some or many state courts? In other words, how universally is this booking exception accepted?

[@stripedassape8148]

If your judge does his job he wont allow in evidence anything you say after arrest if they dont read you miranda rights. If your lawyer does his job he will remind the judge with several examples of case law.

[@greenflagracing7067]

no. you don't get mirandized until they start asking you about the crime.

[@09FLTRMM77]

MM77 Approved 👍🏻 👍🏻

[@a-liberal-patriot]

Hey, Andrew. How does one ensure that the Public Defender is at least semi-competent and willing to do their best in helping you? I took a friend to court on a Class A Misdemeanor (30 days, $1k), and the PD told her to take the Misdemeanor so she (the PD) could go on to other cases? Fortunately, she fired the PD, went pro se, and won.

[@Zanatos9]

Would love for you to review the Tyreek Hill arrest / body cam footage

[@theprimitiveblackhatsociet8274]

I knew all this because I did research years ago. When my kids started to drive, I sat them down, told them if they get pulled over to act with respect, what to say and not say. Most people get their information from a TV show and think they know their rights, but...not so much.

[@RyanK-100]

Wait - did you say the police know the law at 0:35? You are quite mistaken.

[@sebastianryan7724]

What are you talking about?

[@JasonJenkins-fp2vx]

They do if they want to keep their job. Fact

[@jpaluh]

Can the police compel you to answer booking questions such as DOB, SSN or name?

[@joshweickum]

Lol "should we carve joe biden into mt rushmore?"

[@DavidWing]

I would assume that "Don't answer questions" does not apply to routine booking questions? Unless you are looking to hide your identity, it's probably best to be booked in with your real name in case family or lawyers are trying to find you.

[@KhanTrav]

Our DA is very much on the side of the offender. That said, we still have more DWIs than we know what to do with. DWI rarely hinges on statements made by the driver. You do not have to fish for drunks, they will find you. I always watch your videos assuming you are going to say something crazy. You have a very good grasp of your subject. Good content. Don't talk to the police, our jail is too crowded already.

[@SeriouslySteyn]

I want to post a comment. But KZbin will probably delete it. 🤷🏼‍♂️

[@TheSupervillain316]

Not that it matters. They also will never read them, even after routine booking and before an interrogation at the station, then lie in court and say they did. Happened to me

[@timinwsac]

But what if at the time of booking you state your name and date of birth then remain silent and refuse to sign anything. Are you going to be thrown further into jail?

[@rogerr2796]

Do you have to sign that booking form? I wouldn’t, even if everything on it were true. What are the consequences for not signing?

[@freepanda1553]

Actually you can have an attorney on a traffic stop . I've seen a couple of videos with attorney shield. The attorney is on the phone , and the cops cant shut your phone of without the passcode. A great idea if its affordable.

[@greenflagracing7067]

those are advertisements

[@freepanda1553]

@@greenflagracing7067 No , I have seen the real thing .

[@Nomadmandude]

I ruined my life by not keeping my mouth shut.

[@nr7432]

i might put that quote inside my car.

[@th3dudeabides1]

NEVER talk to the cops. NOTHING you say will help you! ANYTHING YOU SAY CAN AND WILL BE HELD AGAINST YOU. Talking to the cops and telling them something that can help you is heresay.

[@nfair1968]

Okay so if you're in this situation where you're in the booking and the fingerprint card is someone else's name what can you legally do at that point not to provide them with your information but at the same time not falsifying a public document. Can you write I plead the fifth on the signature line? I don't intend to ever find myself in this situation but you never know what this government what they're going to come up with next as a crime.

[@scriptles]

Some states actually require your miranda rights when you are "arrested". But thats not all states unfortunately.

[@Handle1969]

What do you say when the police say, “Is this address on your license your current address?” That is always the first question, right?

[@malcire]

Do you have to answer the booking questions or sign the forms?

[@josefmazzeo6628]

You have these rights whether or not the police remind you of them. However, if they arrest you and detain you in the police station, and they don't read you your rights, it can be a technicality that gets the case thrown out, later on down the road.

[@daniell9087]

I got married in that bow tie.

[@dekuthedog]

How do you feel about the attorney shield app which connects you to an attorney in the event of a traffic stop?

[@greenflagracing7067]

scam, marketing device to sift out actual cases worth prosecuting rather than holding your hand for a speeding violation.

[@Iakovanders]

So can I legally refuse to sign finger print docs while being booked? Like, how much am I required to comply with the process while I'm being booked?

[@wdtaut5650]

4:00 So, tell us what to do if confronted with signing a false statement.

[@Rachelbee]

So you do have to sign it even if it isn't your name on the fingerprint card?

[@nickyuen9923]

Two questions: 1. So if the name on the fingerprints says John Smith and that’s not my name, what are my options outside of telling them my name or ‘forging’ the document with my real signature? 2. If I’m being arrested and they don’t read me my Miranda rights, does that mean they can’t ask me questions? If they start asking anyway, what should I say?

[@gameslover7698]

i can't surly answer your first question but I will answer the secound. First, cops can and well ask you questions whether before or after reading your Miranda, so it's up to you to not get yourself in trouble and say something that could be used against you. Now what you should say in this situation, First, remember you always have the right to remain silent, secondly you should know your situation and that means are you in custody or it's just a (You are in custody when you are not free to leave) so if the cop told you can't leave then you are in custody which means he have to read your miranda rights, if he didn't just act as if he did because your are in custody and you can simply say I don't want to answer questions, yet that doesn't mean he will stop asking but you don't have to answer. But remember do this with respect Bcs some cops might get really angry even if it's your right.

[@farpointgamingdirect]

Listen up: The police do NOT have to read you your rights under Miranda until they begin to question you

[@greenflagracing7067]

in a noncustodial interrogation of a detainee, an officer may interrogate the suspect without advising him of his Miranda rights. says the Supreme Court in Berkemer v. McCarty. That doesn't mean the suspect has to answer.

[@kirkmorrison6131]

I recite the Miranda Rights and ask the officer if they understand, then I invoke the 5th. I have done this at a few traffic stops

[@DumbledoreMcCracken]

I disagree with custom and practice in this situation. Interrogation is interrogation, including any questions. We need a new case.

[@TheConstitutionalGuardian]

Andrew, you are a lawyer; I am not. With that being said, the literal definition of detain is: to hold or keep in or as if in custody. In addition, Where are you going, where are you coming from and have you been drinking could be considered to question formally and systematically. SCOTUS exact words: MR. CHIEF JUSTICE WARREN delivered the opinion of the Court. "By custodial interrogation, we mean questioning initiated by law enforcement officers after a person has been taken into custody or otherwise deprived of his freedom of action in any significant way" So, one could argue that during a traffic stop, where a person is "detained" and not free to leave, the systematic questions asked by the police could meet the definition of both custody and interrogation. Therefore, under this interpretation, such a scenario could be viewed as "custodial interrogation."

[@maria89479]

What is this… 😮… the attorney version of bill nye. Newcomer here

[@jupiterjunk]

I want to get your side of the story. Do you feel like talking with me? I mean, you don't gotta', but.... (You have the right to remain silent) Do you want me to have someone in here to sit with you? Help you write anything down, stuff like that? (You have the right to an attorney.) . You were never "read" your rights, but you were Mirandized just the same.

[@greenflagracing7067]

no. the cops have to read the rights as they are stated by the USSC.

[@gimmicklessnews6047]

No we should not have Joe Biden on mount Rushmore lol

[@modernretroradio993]

The ones already on Mount Rushmore did things as contemptible as their successors.

[@LastSunrise1981]

@@modernretroradio993 The ones on Mount Rushmore weren't pushing censorship or threatening to take away our 2nd amendment rights.

[@modernretroradio993]

@@LastSunrise1981 You have a LOT to learn about FDR, Lincoln.

[@DoctorX101]

@@modernretroradio993 FDR is not on Mt. Rushmore. "Other than THAT, Mrs. Lincoln. . . ."

[@modernretroradio993]

@@DoctorX101 My point stands, though: All former Presidents have committed crimes and violated the Constitution -- including using the police and military to jail -- and kill -- political rivals and so on. You have a Pollyanna perception of our history. Time to wake up.

[@RichfromVirginiaBeach]

Isn't Virginia Law Enforcement REQUIRED to bring the accused before the nearest magistrate without unnecessary delay for a probable cause determination? Why is the accused being 'booked' prior to a determination of probable cause? That sounds like unnecessary delay to me. A direct violation of our due process rights! Yes, don't talk to the police!

[@greenflagracing7067]

that's all word salad.

[@RichfromVirginiaBeach]

@@greenflagracing7067 Please explain the salad part. It sounds as if you disagree.

[@greenflagracing7067]

@@RichfromVirginiaBeach County of Riverside v. McLaughlin, 500 U.S. 44 (1991) ruled 48 hours is enough for constitutional purposes

[@RichfromVirginiaBeach]

@@greenflagracing7067 65 U. S. 552 (1860). Any detention beyond the period within which a warrant could have been obtained rendered the officer liable for false imprisonment. It appears the courts are heading backwards in their interpretations. The reasons for that are obvious. Support whatever side you want but, If we don't demand and exercise our rights, they will be gone forever. I don't want to live in that place.

[@greenflagracing7067]

@@RichfromVirginiaBeach a case from 1860?

[@Direwolf1166]

I think you do stop have the v right to contact an attorney on a traffic stop. Attorney shield is a program that lets you do it.

[@greenflagracing7067]

no attorney worth anything is sitting by a phone at 2.00am waiting to take a traffic offense call.

[@dl200010]

I thought you had to give your real name and some other information when arrested.

[@madjackpatciderhouserules8436]

Then citizens should use their 2nd amendment as per the forefathers intentions, hence guaranteeing true equatable justice.

[@greenflagracing7067]

are you advocating violence?

[@madjackpatciderhouserules8436]

@@greenflagracing7067 I am advocating for the lawful use of the 2nd amendment. Plain and simple.

[@greenflagracing7067]

@@madjackpatciderhouserules8436 so who do you want to shoot?

[@TheWalamala]

Miranda sounds like a mermaid from Disney.....

[@ksw501]

Or a fancy new car

[@MarkSarg]

I've heard that anything said before Miranda is BS.....

[@doom4067]

Only if they're interrogating you. They're pretty good at getting information without interrogating. Or people are just bad about giving up information voluntarily.

[@Ktr-1142-ema]

Wait what then how can they use what i say or do in court ? Shouldnt that be inadmissible?

[@lunchbox5825]

Lol at carve joe biden into mount Rushmore

[@Clancydaenlightened]

Miranda v Arizona say they are required by federal laws to do so, especially when they dont mirandize you and you refuse to sign the court papers and hold you without court for 3-4 months no phone calls not even a free one to my lawyer What evidence you trying to get for 3 years?

[@ligmasack9038]

Seeing as how Ernesto Miranda was an ILLEGAL and had no right to be here in the first place; and those rights are reserved for CITIZENS OF THE U.S.;🤡

[@ksw501]

@@ligmasack9038Ernesto was a man ahead of the times! Now illegals have more rights than citizens!

[@agb1953]

Wrong. If a cop pulls you over, you have been seized and are in their custody, so if that cop intends to question you about the illegal activity he/she suspects you of, you do have the right to the presence of an attorney before being questioned. No, a "Terry stop" derived from Terry v Ohio is about searching someone for weapons. The Terry decision also says if a reasonable person would believe they are not free to "walk away," then they are seized, so your stupid idea that there is some Twilight Zone realm where someone is seized but is not seized is beyond stupid. No, there is no "right to remain silent" because "silent" is not in The DOI or The Constitution. We have the right against self-incrimination. You might want to learn about Hiibel v Sixth that points out states can make it a crime for you to not provide information that could NOT incriminate you, such as your name, address, date of birth, after you have been seized because those facts cannot incriminate you of anything. So, because of Texas' 38.02, if you are arrested in Texas, are asked to self-identify, and you "remain silent," you will be charged with a crime and convicted. Ohio's 2921.29 means they can arrest you if you don't self-identify after being detained. I live in Florida where we never have to self-identify because there is no Hiibel-compliant law here. I didn't bother watching the video past the part about the "right to remain silent" because it was already blatantly obvious that you are a terrible lawyer. Now be sure to delete this comment so nobody else reads it and researches my points to prove my point.

[@greenflagracing7067]

lots of word salad. which internet law school did you go to?

[@agb1953]

@@greenflagracing7067 UT Knoxville College of Law. Sorry if explaining something in depth exceeds the capabilities of your tiny mind.

[@greenflagracing7067]

@@agb1953 you've never been to law school or practiced law. obvious.

[@agb1953]

@@greenflagracing7067 You go right ahead and believe that. But I defy you to counter anything I wrote.

[@greenflagracing7067]

@@agb1953 I'm not here to educate you, kid.

[@emu314159]

I thought it was, if you're not under arrest, they don't have to mirandize you. But you can always f&ck yourself by talking. You don't have to talk to the police. Don't be a dick, of course. But were you striking up a conversation at the donut shop, or is this a stop? If they stopped you, it's not chat.

[@sebastianryan7724]

Anyone who says “police don’t know the law” is love to challenge you and your legal knowledge. Replies are open for discourse

[@ligmasack9038]

The whole Miranda Case is B.S. to begin with; seeing as how Miranda had no Right to be in the U.S., as he wasn't even a Citizen; and those Rights are afforded to the Citizens of the U.S.

[@ksw501]

Now illegals have more rights than citizens!

[@Milesco]

No, constitutional rights belong to the _people,_ not just "citizens".

[@greenflagracing7067]

another constitutional scholar weighs in

[@DaveDavis-f9w]

Well, I know who NOT to go to if I need legal advice. This clown doesn't know a damn thing.