Page 232 - Beers With Our Founding Fathers

Beers with our Founding Fathers

your Fifth Amendment (self-incrimination without being advised of

your rights); however, the courts have held that the element of
being under arrest is not present. As another example, you are

having a dispute with your spouse in your home. The neighbors call
and the police respond to a domestic dispute – a precarious (and

nothing routine) assignment for them. In talking to you, they ask if
they can come in. You should decline – once inside, they can note

any criminal violations or evidence in their plain view. This can be
used should you be arrested, to support probable cause for a search

warrant or arrest warrant, etc. If you are asked to step outside, you
probably should – for officer safety and protecting your rights. You

can cooperate without fully cooperating.
In the event of an arrest, or what you believe to be a pending

arrest, you should exercise your right to be silent and consult an
attorney. If you remember that law enforcement’s legal duties are

to react to crimes and investigate crimes to be prosecuted, and you
have full knowledge of your rights – beginning here, the Fourth

Amendment, where all criminal investigations and your rights begin,
you will better protect the rights of you and your family against

wrongful and malicious prosecution. These are your sacred rights –
treat them as you would all others.

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