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To: rarestia; All
The "conservative" wing of SCOTUS decided this, FWIW.

The reason?:

Salinas' "Fifth Amendment claim fails because he did not expressly invoke the privilege against self-incrimination in response to the officer's question," Justice Samuel Alito said. "It has long been settled that the privilege `generally is not self-executing' and that a witness who desires its protection `must claim it.'"

Ok...so one MUST claim his 5th Amendment right...THEN clam up. I don't see the problem here. UNLESS some LEOs lie and claim you'd never invoked the 5th (which IS a potential problem given the expanding Police State and lack of quality coming off the LEO assembly-line.)

The entire liberal wing of SCOTUS voted against it -- I assume to continue providing loopholes for the Guilty. That's just enough for me to consider who was more logical and right in this case.

21 posted on 06/17/2013 12:38:20 PM PDT by USS Johnston (Is life so dear or peace so sweet as to be bought at the price of chains & slavery? - Patrick Henry)
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To: USS Johnston
"It has long been settled that the privilege `generally is not self-executing' and that a witness who desires its protection `must claim it.'"

This is unmitigated balderdash! You have the RIGHT to remain silent. RIGHTS do not require that you claim them to use them. Reporters don't go around prefacing news reports with their RIGHT to freedom of the press. Priests, rabbis, and imams don't start their services declaring their RIGHT to freedom of religion. When we meet with friends, we don't declare our RIGHT to assembly or associate. If we had to declare a right to use it, then our Bill of Rights would amount to NOTHING. How would someone possibly declare their 4th amendment protections from a lawyer issuing a request for a warrant? It's logically impossible!

Rights are EXTANT! THEY ALREADY EXIST! The Bill of Rights is an affirmation of them. It states that they are our rights and no one can take them away from us. They are granted to us by GOD!

What the HELL is going on in our country?

62 posted on 06/17/2013 4:46:08 PM PDT by rarestia (It's time to water the Tree of Liberty.)
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