The DEA is visting people whos names were found.

[BigCracker]

How is your silence going to be used against you. That doesnt make any sense. It's not like being read your miranda rights all of a sudden makes your silence ok. You have no legal obligation to speak to any member of law enforcement if it can incriminate you. And you have a right to remain silent before and after you are arrested.

My guess is that not talking/cooperating before being arrested is hindering prosecution-even if it's against yourself.


I haven't had DEA beating on my door in awhile. When an old roomie of mine got popped yrs back, they came to the gym I worked at to ask me questions. I denied using or knowing of anyone using until I was blue in the face. Other guys in similar situations cracked. One guy even brought the DEA to his own house to hand over his gear. He thought he'd get off for being honest-they cuffed him on the spot and took his ass downtown. Dumbass. His boss fired him for being a druggy too since the DEA guy left his biz card with him a day earlier on his day off.

If you're getting a knock on the door from the DEA you shouldn't panic.
In fact, you should be slightly relieved. If they had any hard evidence on you they would've kicked in your door and arrested you weeks earlier without warning. Now they're going to use their psych-training to get you to admit some sort of guilt. Remember, even partial guilt is guilt. So even if you have a 2 cc vial of deca in your pocket at the time, you're always better of saying that you have no, zero, nunca, nada, steroids in your possession. These guys are not your parents-they're the fucking feds. They don't care how guilty you are or if you're a 1st time offender-all they want is the bust. So deny 100%-don't think you're gonna be better off by handing over the 2 cc vial. The penalty will be much worse than going to bed without supper.

Oh yeah, for you guys that think that they can flush their stash when the cops raid-it's not going to happen. It's pretty customary for LE to shut off your water just before they raid for this reason.

 

[BigCracker]

They kept trying to intimidate me, saying shit like "if you're not going to cooperate, we'll have to take you down to the station for questioning." I'd always respond, if I'm not under arrest, you can't force me to go to your station, and if I am under arrest, the only person I'm going to be talking to is my lawyer. "

Don't get me wrong. I was shitting my pants. But I knew that TALKING TO THE POLICE IS ALWAYS A MISTAKE. When they come to your door, don't answer. If they corner you elsewhere, just SHUT THE FUCK UP.

Great job!!! Shit your pants, dive in and swim. Another good point-don't let the cop's visible anger intimidate you or threaten you in any way. They were trained to act as if they were an angry parent scolding their child to tap into your head so you'll respond like a kid accused of digging into his dad's porn collection. Try as much as possible to not seem scared or nervous cuz this type of behavior gives them positive feedback of making progress-which will lead to longer more intense questioning.

Don't deviate from the following exchange and you'll be better off:
"Am I under arrest?" "No?" "Then I have nothing to say to you" "If I am under arrest, I'm still not talking and I want a lawyer"

 

[bilter]

your toilet tank still will have 1 flush left in it...................flush away, just pray it doesn't plug!

 

[macabee]

How is your silence going to be used against you. That doesnt make any sense. It's not like being read your miranda rights all of a sudden makes your silence ok. You have no legal obligation to speak to any member of law enforcement if it can incriminate you. And you have a right to remain silent before and after you are arrested.

1) The Supreme Ct in Jenkins v. Anderson, 447 U.S. 231 (1980) held that pre-miranda silence can be used to impeach a defendant at trial (basically this means that if you didn't stick up for yourself and claim your innocence when you were arrested, the prosecutor can use that against you if you claim that you are innocent at trial).

2) Actually, yes it does. The moment you are read your Miranda rights the cops must stop interrogating immediately BUT!!!! you must clearly express your right to remian silent or your right to an attorney, the right is not automatic. If you do not say that you want to remain silent and just stay silent and then talk, any statements can be used against you.

 

[kbrkbr]

My guess is that not talking/cooperating before being arrested is hindering prosecution-even if it's against yourself.

Nope. Absolutely and totally wrong.

American's are under no legal obligation to incriminate themselves.

 

[BigCracker]

1) The Supreme Ct in Jenkins v. Anderson, 447 U.S. 231 (1980) held that pre-miranda silence can be used to impeach a defendant at trial (basically this means that if you didn't stick up for yourself and claim your innocence when you were arrested, the prosecutor can use that against you if you claim that you are innocent at trial).

Couldn't you just say that you were scared speechless???

 

[macabee]

Couldn't you just say that you were scared speechless???

There are obvious arguments to be made and that is a reasonable one. The point is, that what you say or don't say before you are given your Miranda rights can be used. A good attorney would examine the fatcs and try and formulate the best arguments to do damage control if anything was said that was incriminating before being Mirandized.

 

[macabee]

Nope. Absolutely and totally wrong.

American's are under no legal obligation to incriminate themselves.

Yes, but it is not so black and white, eventhough you have a right to end an encounter w/ police so long as you are not under arrest (which itself is not as cut and dry as you might think, there is more to it then just being put in handcuffs) you still must comply with police requests for basic information. The key here is to not be put in a position of having to choose between trying to exhonerate yourself and incedentally incriminating yourself or waiving your rights. The pitfalls of the 4th, 5th, and 6th Amendements are that there are many exceptions, waivers, and requirments before getting protection. It can get very complicated and it is very fact specific. Way more then can be discussed on a message board. Alot of good bros are going down and getting their lives screwed up over simple possession, and most of the time alot of the headaches could be avoided if they knew what to do. There is a lot of incomplete information going around and people should really learn what might happen and how to protect themselves if they choose to play this game.

 

[02gixxersix2]

From Rick Collins:

If a police officer stops you on the street, you are not obliged by law to answer any questions he may ask. You can simply say, "I do not wish to speak to you" and walk away. The police officer, however, may attempt to continue the contact through further questioning. If he suspects you of a crime, he will try hard to get you to say something that can justify arresting you, and that can later be used against you in court. How to deal with such an encounter depends upon numerous factors. If you have been involved in illegal activities and the officer seems to suspect as much, you would be very foolish indeed to answer any questions. Even statements of intended "denial" may seriously hurt you in court (i.e., if you deny the burglary but admit you were in the neighborhood, or if you deny being drunk but admit "only a few beers"). In this situation, if you are free to leave, you should excuse yourself and do so immediately. If you are not free to leave, you are essentially in police custody and have been "arrested." Talking to the officer will not change that. You should say nothing except basic pedigree information (your name, address, date of birth, etc.). Call or request a lawyer immediately, and refuse to answer any questions without a lawyer present. Sign nothing.

 

[Ozz2001]

well since the patriots act was passed they can come in your house with out a warrent and justify it, so dont think you can stop them thanks to bush!
This act will run out this month if the cock suckers let us vote on it this time not like last time, get off your ass and vote no! Defend your rights cuz your great leader bush thinks hes above the law and can do whatever he wants!
Hes taking everyones rights and justifying it claming its for terrorism and thats all just a front to steal your legal right!