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Old 12-29-2013, 04:41 PM   #111
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No offense to anyone here but.........

Your service in the military is not at all like Big Police jobs, at least not in this country. If our troops in Afghan behaved like our national police force, the RCMP, every Afghan male who reached around to scratch his arse within 400 meters of our patrols would've been shot dead.

Furthermore, commercial fishing, logging and long distance trucking are more dangerous than LEO work. So is driving a cab. Any of those workers is more likely to get killed at work. I'm not saying LEO work is not worthwhile, useful and valuable, just sayin'.....let's keep it real.

The behaviour people are describing here is Police State stuff. After all, isn't that what they call it when the Police make the rules.....when the Police decide they will sort out for themselves whether to tolerate everything that is legal?

That is the most ridiculous statement I have ever read, but thanks for your input. Until you walk the beat of a LEO, don't judge as to how "dangerous" it is...... I would invite you to come for a ride along with me, here in Cleveland, Ohio..... And see if you have the same thoughts
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Old 12-29-2013, 04:49 PM   #112
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Actually, you have to declare you're invoking your right to remain silent...

I do have a question, If you're pulled over for either a fishing expedition or even legitimate purpose and asked where you're going, how does one answer that question?
IMO, no you don't if you are not on private property or doing something wrong, then why should a LAC have to explain where they are going or where they came from?

this is a free country and we have the right to travel where we want to when we want, for whatever reason. personally i don't it as being anyone's business if you aren't doing something wrong or somewhere you should be that is private property or restricted property.

of course this is just my opinion and other may feel differently.
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Old 12-29-2013, 04:56 PM   #113
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Where does it say you must declare?

You can answer that you do not care to answer the question. I will let you in on a secret, it is not necessarily the answer, but if you can follow the line of questioning and answer intelligibly.
SCOTUS Decision?
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JUSTICE ALITO, joined by THE CHIEF JUSTICE and JUSTICE KENNEDY, concluded that petitioner’s Fifth Amendment claim fails because he did not expressly invoke the privilege in response to the officer’squestion. Pp. 3−12.
(a) To prevent the privilege against self-incrimination from shielding information not properly within its scope, a witness who “ ‘desires the protection of the privilege . . . must claim it’ ” at the time he relieson it. Minnesota v. Murphy, 465 U. S. 420, 427

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Old 12-29-2013, 05:00 PM   #114
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Originally Posted by Rocky7 View Post
No offense to anyone here but.........

Your service in the military is not at all like Big Police jobs, at least not in this country. If our troops in Afghan behaved like our national police force, the RCMP, every Afghan male who reached around to scratch his arse within 400 meters of our patrols would've been shot dead.

Furthermore, commercial fishing, logging and long distance trucking are more dangerous than LEO work. So is driving a cab. Any of those workers is more likely to get killed at work. I'm not saying LEO work is not worthwhile, useful and valuable, just sayin'.....let's keep it real.

The behaviour people are describing here is Police State stuff. After all, isn't that what they call it when the Police make the rules.....when the Police decide they will sort out for themselves whether to tolerate everything that is legal?
I do not know about the RCMP, so I will not comment on that part of your post.

You are making statement based on what? Line of duty deaths? Commercial fishing is dangerous, the pay is lucrative (for the most part). Loggers? Per capita, probably so. Truckers? Maybe. Driving a cab? I'm not buying that one. We have not had a cabbie killed here in 10 years.

Once again, I don't know about Canada, but the Police do not "make" the rules. The police try to navigate through gray areas laid out by legal precedent.
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Old 12-29-2013, 05:04 PM   #115
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I do not know about the RCMP, so I will not comment on that part of your post.



You are making statement based on what? Line of duty deaths? Commercial fishing is dangerous, the pay is lucrative (for the most part). Loggers? Per capita, probably so. Truckers? Maybe. Driving a cab? I'm not buying that one. We have not had a cabbie killed here in 10 years.



Once again, I don't know about Canada, but the Police do not "make" the rules. The police try to navigate through gray areas laid out by legal precedent.

There is someone on here with common sense....... Thank you robocop !
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Old 12-29-2013, 05:04 PM   #116
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SCOTUS Decision?
If the person declares, the questioning is pretty much over. He does not have to answer a particular question. You must also understand the 5th Amendment does not cover res Gestae statements. Statements made not as an answer to a direct question. The "spontaneous utterance".
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Old 12-29-2013, 05:24 PM   #117
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If the person declares, the questioning is pretty much over. He does not have to answer a particular question. You must also understand the 5th Amendment does not cover res Gestae statements. Statements made not as an answer to a direct question. The "spontaneous utterance".
i think that a person with some common sense would be able to determine that if i'm not answering their questions and keeping my mouth shut, that i have invoked my right to remain silent!

IIRC, once a person has asked for their lawyer, that all questioning has to stop at that time unless the lawyer is present. and anything obtained after that point is inadmissable in court.
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Old 12-29-2013, 06:14 PM   #118
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i think that a person with some common sense would be able to determine that if i'm not answering their questions and keeping my mouth shut, that i have invoked my right to remain silent!
As I read that decision, he kept his mouth completely shut and by that didn't invoke his 5th amendment rights
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Old 12-29-2013, 06:16 PM   #119
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As I read that decision, he kept his mouth completely shut and by that didn't invoke his 5th amendment rights
well, it's kind of hard for them to use what you say against you, if you don't say anything!
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Old 12-29-2013, 06:23 PM   #120
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That is the most ridiculous statement I have ever read, but thanks for your input. Until you walk the beat of a LEO, don't judge as to how "dangerous" it is......
The facts do not depend on my "thoughts", nor on yours.

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Once again, I don't know about Canada, but the Police do not "make" the rules. The police try to navigate through gray areas laid out by legal precedent.
I'll agree that's the way it's supposed to be but there are plenty of examples, in your country and mine, where that just isn't so. Stopping people for no cause and asking about guns could be a mistake or a "one off" by someone who has read too many articles about how dangerous policing is (sorry, but I think that misconception is deliberate and that it contributes to the disconnect). However, when the mistakes appear to be systematic and organized, it's time for all of us to take stock. Honestly.
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