The 5th Amendment: Why A Law Professor Says “Don’t Talk To Police”

Thursday, November 27, 2014
By Paul Martin

by Mike Krieger
ZeroHedge.com
11/27/2014

In my recent interview, “Serfdom is the New Normal” – Talkin’ Oligarch Blues with Perpetual Assets, I mentioned the dangers of talking to the police in light of the recent epidemic of shady civil asset forfeitures. What many people fail to realize, is that you aren’t obligated to have casual conversations with police when you have been pulled over. In fact, such conversations are often used solely to manufacture an excuse for further action against you. For example, take this excerpt from the recent Washington Post article, Highway Seizure in Iowa Fuels Debate about Asset-Forfeiture Laws:

Simmons said he was issuing a warning for the failure to signal. After handing over the paperwork, he said the stop was over. Then he asked the driver, Newmerzhycky, if he had “time for just a couple quick questions.”

Police who specialize in highway interdiction use casual conversations to avoid triggering legal questions about the length of stops. If the conversations are consensual, courts consider the added delay to be legal.

During a routine highway stop for a minor traffic violation, I can’t think of a good reason why it would ever be in your interest to continue chatting with a cop.

Highway police are trained to use the chats as an opportunity to take stock of alleged “indicators” of criminal activity, including nervous speech patterns, a pulsing carotid artery and inconsistencies in stories. They are also trained to seek permission for warrantless searches.

It’s really sad that it has come to this. It would be much better to live in a society where people could have enough trust in police to chat casually with them. The more police engage in bad behavior, the less the public will want to engage.

The Rest…HERE

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