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Welcome to SportTrac.Org
Off Topic Discussion
OT: Standing Up For What's Right - Against Circuit City and the local Police
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<blockquote data-quote="Rich Stern" data-source="post: 731178" data-attributes="member: 52580"><p>Fkent, even if he had been suspected of an actual crime, in many states, he can still refuse to identify himself without criminal penalty for the refusal.</p><p></p><p></p><p></p><p>And, even if he is suspected of a crime and arrested, he has a 1st Amendment right to remain silent. That includes not giving your name. He has a right to legal counsel before answering ANY question, and he can still choose not to answer if he thinks it will incriminate him.</p><p></p><p></p><p></p><p>Some states do have misdimeanor statutes on the books that allow you to be be fined for not giving your name. But the Supreme Court has ruled that you are only in jeoplardy of guilt for such statutes if reasonably suspected of a crime. And such a statute can never supercede your basic civil rights. They can fine you, but they can't compel you to incriminate yourself.</p></blockquote><p></p>
[QUOTE="Rich Stern, post: 731178, member: 52580"] Fkent, even if he had been suspected of an actual crime, in many states, he can still refuse to identify himself without criminal penalty for the refusal. And, even if he is suspected of a crime and arrested, he has a 1st Amendment right to remain silent. That includes not giving your name. He has a right to legal counsel before answering ANY question, and he can still choose not to answer if he thinks it will incriminate him. Some states do have misdimeanor statutes on the books that allow you to be be fined for not giving your name. But the Supreme Court has ruled that you are only in jeoplardy of guilt for such statutes if reasonably suspected of a crime. And such a statute can never supercede your basic civil rights. They can fine you, but they can't compel you to incriminate yourself. [/QUOTE]
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Off Topic Discussion
OT: Standing Up For What's Right - Against Circuit City and the local Police
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