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Wednesday, November 3, 2010

You have the right to remain silent-but only if you say so

OFF THE WIRE
Sent By Art
http://blog.motorists.org/right-to-remain-silent-say-it/

As a citizen you have the right, under the Fifth Amendment of the Bill of Rights which was retified December 15, 1791, to not answer any questions put to you by a police officer as it might infringe on your right against self-incrimination.

However, as driving is a privilege granted to you by the state where you live via a drivers license, the officer who stops you for a driving offense has the right to require you to show a valid drivers license, and often valid proof of liability insurance and possibly your vehicle registration. You are not required under any law to speak, only to provide the required documents as set forth by each state.

The mere fact that you do not answer and choose not to speak means that you have not invoked your rights under Miranda and do not have any protection against self-incrimination. Thus comments you do subsequently make can be used against you in a court of law.