Don't Talk to the Police/Salinas vs Texas

[easternnc4me]

I think most of us have seen the video "Don't Talk to the Police" by Professor James Duane:



I was watching another video of him where he is being interviewed. He mentions the case of Salinas vs Texas (2013) and that, unless you specifically invoke you right to the Fifth your silence can be held against you thanks to the 5 conservative judges on the supreme court. In Professor Duane's words, it can be damned if you do and damned if you don't talk to the police.

"

• When asked whether the bullet casing found at the scene of the crime would match his gun, Salinas sat in silence and looked down at the ground. The prosecution used Salinas’ physical response against him as proof of guilt and Salinas appealed.
• Silence is insufficient to invoke the privilege. The prosecution was allowed to use Salinas’s reaction to the question about his shotgun against him in court.

https://legaldictionary.net/salinas-v-texas/

You Have the Right to Remain Innocent with Professor James Duane


His comments regarding Salinas vs Texas are around the 1:11 minute mark.

 

[AR10ShooterinNC]

It comes down to you tell the police you wish to speak to your attorney before making any statements.

 

[Howland]

Yet another example of our robed masters declaring that the law means other than what it actually says.

It means exactly what it says, nothing more and nothing less.

How many more examples do we need to repudiate the legal fiction of sovereign Immunity for judges?

 

[DrScaryGuy]

There's a little more to that. The suspect had been cooperating and talking and answering all kinds of questions that he thought could help him, but then not answering things that he thought might hurt him.
He thought he was going to outsmart the cops/courts, but all he did was screw all of us forever.
I don't agree with it, but i see why it went the way it did.

Since then, answer every question with "am i free to go, or am i being detained?" (which the cops sometimes won't answer). If you believe you are being detained, announce your intent to exercise your 5A right and that you will not answer any questions without first consulting a lawyer.

 

[easternnc4me]

There's a little more to that. The suspect had been cooperating and talking and answering all kinds of questions that he thought could help him, but then not answering things that he thought might hurt him.
He thought he was going to outsmart the cops/courts, but all he did was screw all of us forever.
I don't agree with it, but i see why it went the way it did.

Since then, answer every question with "am i free to go, or am i being detained?" (which the cops sometimes won't answer). If you believe you are being detained, announce your intent to exercise your 5A right and that you will not answer any questions without first consulting a lawyer.

From the videos I *assume* he is referring to a crime may have been committed scenario. He says in the second video that you have to talk to police sometimes (traffic stops) but give as little information as possible. Having said that, and referring to routine stops, etc. What is the correct response to questions such as Where are you coming from? Where are you going? Do you know why I pulled you? For this one my reply is going to be "No I don't." If I can't fish he can't either. As Professor Duane said most people don't want to come off as rude so they are polite when they should be nice but firm.

 

[kcult]

From the videos I *assume* he is referring to a crime may have been committed scenario. He says in the second video that you have to talk to police sometimes (traffic stops) but give as little information as possible. Having said that, and referring to routine stops, etc. What is the correct response to questions such as Where are you coming from? Where are you going? Do you know why I pulled you? For this one my reply is going to be "No I don't." If I can't fish he can't either. As Professor Duane said most people don't want to come off as rude so they are polite when they should be nice but firm.

Back in my FB days, a former coworker turned deputy, posted about being out in force the upcoming weekend and there will be road blocks/license checks. I commented to say that no one had to answer any questions, if they didn't want to. He was all like, "Nuh uh. You have to or you will be charged with withholding evidence."

I left FB six years ago and I'm happier for it.