U.S. Supreme Court Says NO Right to Remain Silent?!

You no longer have the “right to remain silent” according to the U.S. Supreme Court, and that silence CAN be used against you!

Chapters:
00:00 – Intro
00:24 – Why you actually can't remain silent
00:53 – How have Courts treated silence?
02:15 – What are the "innocent" questions?
02:53 – What's wrong with those questions?
03:36 – What should you tell Police?

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You’ve always been told that you have the Right to Remain Silent when police ask you questions, but what if I told you that you’ve been lied to? That’s right, you DON’T actually have a Right to Remain Silent.
You probably don’t also know that police have a few trick questions to get you to incriminate yourself by asking just a few innocent questions that seem to have innocent answers.
Let’s discuss how to avoid the Silence Trap and how you can outsmart their trick questions.

Why you actually can’t remain silent

One of the basic Constitutional Rights of every red-blooded American is the RIGHT to remain silent. You learned that in school, you learned that in every law-related TV show, and you’ve probably heard it a dozen other places.
-See U.S. Const. amend. V
However, there’s a dark secret regarding this Right that you don’t know.
In order to enjoy all of the privileges afforded to you by the Constitution, you can’t just remain silent. That’s right. You actually have to break your silence to tell police that you are remaining silent.

Here’s how the Courts have treated people who chose to remain silent.

In one case, a Defendant was subjected to three hours of police questioning, and didn’t make a statement until near the end of the questioning. He argued that by remaining silent for 2 hours and 45 minutes, the police should have stopped questioning him earlier.
The U.S. Supreme Court said, “Had [Defendant] said that he wanted to remain silent or that he did not want to talk, he would have invoked his right to end the questioning. He did neither.”
The Court said the Defendant’s later statements didn’t violate his rights against self-incrimination because he didn’t SAY that he wanted to remain silent.
-See Berghuis v. Thompkins, 560 U.S. 370 (2010)
In another case, the Defendant answered several questions about varying topics that the police asked. But when he was asked whether shotgun shells used in the crime would match his firearm, he simply remained silent and the police used his silence against him in trial. He argued that the police’s use of his silence to that question violated his right to remain silent.
The U.S. Supreme Court said, “A defendant normally does not invoke the privilege by remaining silent.”
The Court reasoned that his silence may not have been to invoke his right against self-incrimination, but “because he was trying to think of a good lie, because he was embarrassed, or because he was protecting someone else.”
The Court allowed the Defendant’s silence to that one question to be used against him at trial because he didn’t SAY that he wanted to remain silent.
-See Salinas v. Texas, 570 U.S. 178 (2013)
So now that you know you need to actually SAY that you will remain silent, do you know what innocent questions the police might ask you to get you to incriminate yourself?

What are the “innocent” questions

We all know how it goes because COPS and YouTube videos: “Do you know why I pulled you over?” “Where are you coming from?” “Where are you going?” “How many drinks have you had tonight?” “Do you know how fast you were going?”
On TV, how many times have you heard the person answer those questions? NEARLY EVERY TIME! Aren’t you amazed at how many people are willing to talk their way INTO getting arrested!?
One important note here, though, is that you MUST show your driver’s license if you’re pulled over and asked for it. You also MUST provide your vehicle documentation upon request, like registration and proof of insurance.
However, all the other questions are trick-questions meant to incriminate you and give the police probable cause to continue their investigation.
What’s wrong with those questions?
When they ask if you know why they pulled you over, and you say, “Because I didn’t stop at that stop sign,” then you’ve just confessed to a crime.
When they ask you how many drinks you’ve had tonight, and you reply with any number above zero, then they probably suspect that you’ve had three drinks for every one that you admit to.

Music:
Archetype – Anno Domini Beats
Music provided via YouTube Studio Audio Library

[arinerm]

The one thing to remember in **ANY** police encounter: Do not talk to the police.
The second thing to remember: Do **NOT** talk to the police.
"There is no human situation so miserable that it cannot be made worse by the presence of a policeman." --Brendan Behan

[amandabarnard]

Police are never around when you need them, and always there when you dont.

[randywise]

Anything you say to them will be used against you. No matter what it is.

[nonyabiz]

You have to verbally invoke now. Make it clear. "I invoke my 5th amendment right to remain silent and have an attorney present"

[WHJBill]

If you aren't the person calling the police, then you should say "I assert my 5th Amendment right to not answer any questions." Then the ONLY things you should say after that is "Am I free to go? Am I being detained?" Do NOT ANSWER ANY QUESTIONS. Period.

[dcriket]

I love the police question "Do you know why I pulled you over?" A bad answer is "Why, did you forget?" An even worse answer is "Is it the dead body in the trunk, or the 30 lbs. of drugs?"

[dimasmafiaempire]

You can talk your way into handcuffs, but you can’t talk your way out of them, invoke the 5th and demand a lawyer, then don’t answer any questions, even the most innocent, exercise your rights, don’t be afraid to use them, it’s what they’re there for.

[quademasters]

I have a real problem with these rulings. If the "right to remain silent" is a right. Then there should be no switch to turn it on. You have it, it's inherent. So there should be no need to declare that you're using the right to silence. The "Right" should be the default. You should have to specifically waive the right, to disable it. "I'm willing to answer questions".

The supreme court's decisions are simply wrong. They're telling us the "right to remain silent" isn't really a right.

[ianbattles]

If it is possible to be arrested/convicted of a crime you didn't commit, *every single American is in constant danger.*

[davidavorpflanz]

This is why High School should have basic "Legal" class, covering subjects like crime, family planning, divorce, contracts, realestate, stockmarket, business, traffic, etc...

So, Americans can learn how to avoid legal troubles, instead of having to hire lawyers, once in legal trouble to get them out of trouble!!!

[RobertWilkinsonJKekMaloy]

Tell that to the lawyer who got pulled over, didn’t say anything, got pulled out of her car, jailed, booked, and won a settlement about it.

And no, you have written statements.

[Onwls]

I guess anyone that is a MUTE means they can be arrested, convicted, and sent to jail because they "stayed silent".

[lightofathousand]

I tried telling the cops that I was invoking miy right to remain silent and wanted access to a lawyer one time. They just laughed at m.

[Cmon-Man]

Claim the 5th and 6th, ask if being detained, if no, walk away, if yes, say only one sentence “I want an attorney” never say anything else

[MorrowPlays]

"I invoke the 5th, and remain silent, I do not answer questions. I want an attorney."

[markburnham]

Once you invoke the right to remain silent, remain silent.

[tibetloga]

Call your attorney...say what? Most people live paycheck to paycheck, and can't afford one.

[NBDY_SPCL]

How can that ruling not be struck down as unreasonable, presumptive, and entrapment, as well as ambiguous?

[georgecaplin]

“[Being silent doesn’t convey the message that you wish to remain silent]” - The Supreme Court.

[jaadow]

Q: "Do you know why I pulled you over"
A: "Well, if you've forgotten, I'm not going to remind you."