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Old 06-17-2013, 01:38 PM  
Joe Obenberger
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Join Date: May 2003
Location: Chicago
Posts: 466
Quote:
Originally Posted by JFK View Post
Joe, thanks for getting in on this! Could he have invoked his right to remain silent, even before having his rights read ?
JFK - You always have the right to remain silent, whether you are in custody or not in custody, whether you've been read your rights or not. You have that right when testifying before a congressional committee, in court, in a traffic stop, and even on a survey of drug use at school.

When a cop pulls you over and asks you how fast you were driving or whether you know the speed limit, the correct answer is that you decline to waive your right to remain silent. There is no magic formula to saying it. But now, in light of this decision, it's important that you identify that this is the basis for your silence.
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Extremism in the defense of Liberty is no vice. . . Restraint in the pursuit of Justice is no virtue.
Senator Barry Goldwater, 1964
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