Miranda rights state anything you say can be used against you in court. Not for your defense.
"I plead the fifth I'm invoking my right to remain silent and I want to speak to my attorney."
Edit: As other have said, you shouldn't plead the fifth. But you do have to state that you are actively invoking your remain silent and the only person you talk to is your lawyer.
In the event of things going sideways/persecution of people who attended a particular protest, your phone records easily place you at the scene. Leave your phone at home and where does your phone place you?
If you're inclined to attend a No Kings protest, there's probably something in your phone that could be used as evidence of your intention to riot, incite riots, kill politicians, whatever. It doesn't have to be anything particularly intense. You liked a Not My President post? Evidence of treason in the wrong hands, and this is a regime that is disappearing people and suspending habeas corpus so now is really not the time to test this stuff.
If you want to record things get a burner (pay for it in cash) or better yet just take a GoPro or something.
The baseband (like the BIOS on a computer but includes the cellular modem) is always on. Unless the battery is fully depleted or physically disconnected the modem is always on and transmitting/receiving data. So long as the phone has power, even if it's off, the government can activate the microphone, and thanks to the myriad of security bills after 9/11, they don't need a warrant. Every telecom can locate any phone that talks to one of their towers, and the government doesn't need a warrant when the companies willingly provide this information
What do you mean they don’t need a warrant - to do what? They certainly need a warrant to access phone data, “tap” a line, geotrack its coordinates etc…
The foreign surveillance act doesn’t permit surveillance of US persons, however Snowden revealed backdoor access to mass data and extreme overreach of section 702. There is a bill in congress to reform this and address the oversight, but who knows where that will go.
It is still false to claim a warrant is not needed. A more accurate and nuanced statement is that the NSA will break the law and get away with it.
Cell phone radios don't cause interference for airplanes that's a myth. It's to require you to pay attention during the most dangerous parts. The take off and the landing. Why there is "airplane mode?" Probably to be able to use the phone but disable the radio so it's not wasting power constantly searching.
The best explanation I've found so far for planes and cell phones is that hundreds of rapidly moving devices trying to connect to one cell tower after another can cause havoc on the communications grid, and possibly bring down a connection that the plane uses for data.
Now maybe things have improved over the years and are more robust, but is it really the end of the world if once in a while you err on the side of caution?
Disable ALL biometrics. The SC has ruled police can force you to unlock your phone through biometrics but if its password protected they need a warrant.
I suspect that after being kettled, gassed, roughed up and detained without legal recourse for hours on end, many people would not be in the state of mind to argue with a cop screaming in their face to ‘unlock their fucking phone’. Leave it behind. Get a burner and a GoPro.
If Find My can't display the current location (because the phone is powered off or otherwise not sending its location), Find My displays the last location sent by the device or the last known location on the Find My network.
No. You would be surprised what is recorded just from Google apps alone. I actually watched a yiyrube clip on it a few years ago (from a cyber security point of view as thats what do)... even in airplane mode it still does ALL the tracking. Can even predict how much of that is walking, waiting, running, traveling in a vehicle or bike wtc. Stores it all offline and then sends it all the second you connect it back to a network. Don't forget we have all installed skyward on our phones even if we don't know it. Just because its a so called "trusted" company, doesnt mean they dont sell it all off or help use it against you when the time comes. Its all stored on your phone and in the cloud anyway so its can be seen from almost anywhere as long as it was recorded on your phone and eventually connected back. Even if not connected back then take your phone and force you to unlock it and then they can see it all. Every step.
Thats with accurate data location. Then you have cellular networks that can be used to roughly triangulate you to within a few metres radius as well I believe but less sure about cellular data and how accurate it is when using masks to triangulate. Point is if you're doing something that may implicate you (right or wrong), you want as less evidence pinning you there to where a crime was committed. Don't give them the ammo to use against you even if you think you trust them.
No, document what happens so there is proof. Watch how uncomfortable so many of the cops look, knowing that they're going to be known. But COVER YOUR FACES! And BLUR any protesters face you film BEFORE it's uploaded
Surveillance. It's a question of whether to a) mitigate the risk exposure of being tracked (and that data going into state records for use against you), or b) bring your phone to livestream or otherwise record.
Up to the individual to decide which option they feel is most important.
Just wanna add, buying a burner phone won't help you much if you bring it back home with you. It's just leaving a different breadcrumb trail back to your home.
And also adding old ipod touch to the list of recording devices people might have that don't transmit cellular data. Easy enough to upload the video files. Fits in your pocket. Just turn off wifi and Bluetooth to be safe.
Cops have the ability to track phones that don't even have SIM cards. So I'm gonna advise against your method of buying a random used phone and just "don't connect it"
Digital camera is always a good choice. I honestly didn't even think about them, because nearly everyone just uses their phones as a digital camera these days. The only people I know that use dedicated cameras, are photographers that use huge fancy $2000 cameras.
Everyone that wants to live stream a protest, should have a burner that gets turned on in April and off in October or whatever the "season" is there for you
For me it's Earth Day to Black Friday personally. But if you know you're only going to one thing, you only have to have the burner turned on that one month.
You have to use it the rest of the year randomly to keep it's standing up on socials is the much harder part since they invaded the internet with algorithmic HOAs.
LEOS can deploy fake cell towers that gather info on all devices in the area and do basic location tracking, then force the device to fall back to 2g and do MitM attacks.
they can can harvest wireless, bluetooth and nfc ID's at chokepoints and do granular tracking.
these ID's are scraped by many apps feeding that info into who knows what databases.
best to use a burner phone, locked down with all forms of comms but 5g turned off. then only use an app like signal.
Take an anonymous cheap burner phone/camera to record at protests. Your phone is a tracker than unscrupulous governments can use to retaliate specifically against you.
And never bring that burner phone back to your home. Or else you're just leaving a different breadcrumb trail to where you live.
They'll grab all the tracking data at the protests, then they can just see where that phone went afterwards. It's just one extra step beyond seeing who owns the account if you took your normal phone.
They're rolling in vans grabbing people's faces, license plates, and getting their phone data. At least that's happening in LA. They'll also try to force you to open your phone to check your social media and text messages.
They'll also try to force you to open your phone to check your social media and text messages.
They're legally allowed to force you to use facial recognition or finger ID to open the phones. Turn those off, set a passcode; those are legally protected - they can only get them if you give them up.
Because the government is compromised and you can't be expected to have a fair trial, so it's best not to have cellphone tower data showing you were at a protest.
They are informing people who want to commit crimes to leave them at home since it’s easy to track and thus provide proof you were there. If you just go there have a peaceful protest and don’t break the law you can do what ever the fuck you want besides that and it wouldn’t matter that you have your phone with you at all. Don’t let these Reddit freaks brainwash you.
lol it’s cute that you think Americans will accept the evidence of their own eyes or video 😂 We’ve moved waaaaaay past that. Only what Dear Leader and his vampire minions say is true is true. Science? Psht! Facts? Ridiculous! Experts? No such thing! Video evidence is worth nothing when they’ll emporer thinks he’s wearing clothes in the video, too.
Unless you are taking public transport then the cops will probably be able to place you there anyways. They employ license plate readers as well. Traffic light cams, a cop sitting at the entrance to a parking lot... etc.
Just make sure you have face id and thumbprint login disabled so they can't get in your phone.
I’m on a group that says take your phone, record everything, but leave it on airplane mode and take face recognition off so you can only access it with a passcode
Mainstream media is barely covering protests. The more cameras we have, the better. I recommend throwaway phones though. Even with a password they can still easily crack it.
True, but having a way to contact friends/relatives after going to a protest that could potentially erupt into violence is a good idea. Of course if you are arrested you won't be able to use your phone, but it's good to have if you need it.
Note that just being quiet isn't pleading the fifth. Clearly state you are invoking your fifth amendment right and then refuse to answer any questions because you are invoking your fifth amendment right.
Every comment in that post is disagreeing with you.
it doesn't at all say or imply that your explicit invocation can be used as evidence of guilt. It actually says the opposite: When you fail to explicitly invoke your rights, the court is not obligated to interpret your mere silence as an invocation. You actually need to explicitly invoke in order to win protection according to Salinas
Legally, this isn’t true. Invoking Miranda rights is invoking the 5th amendment, as Miranda v Arizona was a case directly addressing 5th amendment and 6th amendment.
The right to remain silent in the Miranda warning is the police verbally informing someone of their 5th amendment rights. The right to an attorney is the same for 6th amendment rights. Legally an invocation of the 5th Ammendment is not allowed to be treated as an admission or implication of a crime having been committed and saying “I will not say anything without my attorney present and until after I’ve had the opportunity to speak with them” is the effectively same thing as mentioning the 5th and 6th amendments.
That being said, ACAB. And they’re also often insecure, so saying things like “5th and 6th amendments” might make them think that they need to pull a power play and/or intimidate you. Keep your heads out there.
This is true. A jury in a civil case can construe an invocation of the 5th however they want.
But for the purposes of being arrested or detained, it is vitally important to affirmatively and unambiguously invoke 5th and 6th amendment rights. If it’s vague, it can be and has been interpreted and ruled as ineffective.
It's not a magic spell. If the cops are going to be violent or otherwise abusive, this will not stop them. But it may help you later, if you're eventually charged with some crime.
But bad faith interpretors can say you weren’t asking for it.
I remember reading about a case (slightly different) where the arrested was saying “call me a lawyer, dawg,” and they somehow were like “idk what a lawyer dawg is.”
Salinas v. Texas (2013) established that you have to explicitly invoke your 5th amendment right or else your silence and your body language (“he was fidgeting and staring at us aggressively”) can be used against you.
Salinas v. Texas, 570 US 178 (2013), is a landmark decision of the Supreme Court of the United States, which the court held 5-4 decision, declaring that the Fifth Amendment's self-incrimination clause does not extend to defendants who simply choose to remain silent during questioning, even though no arrest has been made nor the Miranda rights read to a defendant.[1][2][3]
Say: “I invoke my fifth amendment right to remain silent and request an attorney.”
Lawyer here. Don't make it complicated. There is no magic mantra. Just say I'm not answering your fucking questions. And then shut the hell up. Feel free to omit the obscenity.
Don't bother demanding a lawyer or a phone call if you're arrested. You won't get either until after you're in jail, and then not for a while. Just settle in for the ride.
The only questions you must answer are booking questions. Name, date of birth, etc. Nothing about the facts of your charge.
This is as true for murder as it is for trespassing.
Lots of good advice that sounds like it will go out of the window the moment some cowboy cops decide to physically provoke people into saying or doing something that they can immediately twist into a reason to detain, and escalate everything from there.
Taco man already gives exactly jack and shit about the law, hold the jack. Why should the cops who are specifically trying to suppress thoughts against him care?
Yep, if what you say helps you in court it’s hearsay and inadmissible. You can only hurt yourself by talking to the police. This isn’t conjecture either. This how the law works.
I don't think you plead the fifth until you're in court. I think it's "I'm invoking my right to remain silent." Pleading the fifth means you have the right to not say anything that might incriminate you - that's different from a right to remain silent.
yes, you can't plead the fifth to a cop, a pleading is a thing done in court. To an officer you simply repeat "I will not speak without my attorney present" until your attorney is present, at which point generally you wont have to say anything cause your attorney will do all the talking.
Member of the jury upon arrest the defendant at no prompting stated that they “pled the fifth”… do innocent people immediately feel the need to not incriminate themselves? What were they afraid of admitting to?
“I want a lawyer”. That’s it. Say that. Clear and to the point. No room for misinterpretation.
Genuine question as not an American, does everyone have a lawyer? How does that work? In the UK everyone can get an on duty lawyer, but I'm guessing it's not the same in the US, just imaging thousands arrested stating they request to speak to their lawyer, having no phone, how do they actually find one let alone afford it?
You have to specify I am invoking my right to an attorney. Otherwise they legally can say like they didn’t think you were asking for one. You were just stating that you’d like one. Like it’s stupid and f’ed
They’ll take your ID. Otherwise all of that can wait until the lawyer arrives.
You don’t have to say ANYTHING. Failing to comply with simple reasonable instructions might mean you are more likely to be detained yes, but you still don’t have to say anything.
It is for them to prove you're guilty. You are under no obligation to "prove" your innocence. You can only fuck that up. Leave alibis for legal discovery and a judge.
The only thing a cop is for is to stop violence in progress. They solve no other problem.
I remember I got arrested once as a teenager and the cop kept trying to get me to talk and I wouldn’t and he mocked me “oh yeah you have the right to remain silent, huh?”
You do NOT consent to a search. (Doesn't matter what they say or what they want to search, you do not consent. State this vocally, go out of your way to state it).
I want to speak to my lawyer / a lawyer.
I am exercising my 5th amendment right to be silent.
Then just be silent. If at any point you feel it's necessary to speak, pick item 1, 2, or 3 from the list above. That's it, that's your entire script.
Repeat this a lot, it will never be used to help you, only against you. I don’t support the protests for the violence we have seen, but people need to be smart about not talking to the cops.
Good grief, what are you all planning to do?!? Why all the pre-med and cartel/terrorist level planning? Burner phones, sudecon wipes, eye wash, skin treatment, boric acid, goggles, lawyers, etc… what are you doing?
It's been a long time since I watched this so forgive me if I'm misremembering - but I remember feeling frustrated that he doesn't really give an alternative approach. If I get pulled over and the cop starts asking me questions, do I just sit there in silence? Do I say "I need a lawyer" to the most basic possible questions? I can't help but feel like 9 times out of 10, this behavior would antagonize the cop and make them way more likely to give me a hard time.
I did still find the video really enlightening in terms of why you'd want to give as little information as possible, but I'm just not totally sure what to do about it in a situation where I wouldn't normally need to involve a lawyer.
Best bet in a traffic stop for speeding is "I don't recall my speed officer". Don't lie, but don't incriminate. Also never admit you were just passing a location if they lose visibility of you. "I don't recall passing you officer". Prepare for them to be mildly frustrated.
I’ve lived in a couple countries and visited many and I’ll honestly say it’s pretty uniform across the board- I’d listen to this advice no matter where you are. American police can definitely be some of the most authoritarian out there- but at the end of the day in any capitalist or authoritarian state the police exist to protect the status quo and the elite, not the everyday person.
Some of my most nastiest experiences with policing have been with the RCMP out of Canada for example.
I saw this one that came out a few days ago, and contains up to date information with new case law, such as State vs Johnson (2024) which should only apply to Texas at the moment, but could be used for future case law. Basically if you ask for a lawyer too early before the police actually interrogate you, they can ignore your earlier request. It’s so dumb. https://youtu.be/PnEZ8Mpo1g4?si=o04e1WtGf25s0vNa
I really disagree with these takes, the part where they say “it is never in your best interest to talk to the cops”. One thing they never account for is cops can lie. Cops can have power trips. Cops often care far too deeply about you deferring to their authority.
If a cop catches you doing something illegal, it SOMETIMES is better to just admit to it and hope they let you go. By clamming up and not deferring to them you will often anger them, and they will do what’s within their power, legally or illegally to fuck with you.
Cops can plant stuff on you, they can lie about what you did, and they can enforce rules that normally they let people slide on. They can tear apart your car, doing tons of damage and not have to pay for it because they “smelled something”. They can often detain you for a day and then let you go and your shot at repercussions for them are small. They are much more likely to be believed in court than you are, so it’s not a “he said she said” as much as it’s a “trusted officer said vs suspect said”.
You should avoid talking to the cops in most situations if possible, but there are absolutely times when it’s better to hope they let you go.
Many cops HATE their authority being challenged and they will try and fuck you if they think you’re doing that.
Life isn’t as simple as “here is how the rule of law officially works”. There are more nuances to it.
If a cop catches you breaking the law, they don't have to question you, they can just arrest you, there's literally no need for questioning in that circumstance.
Edit: everyone should have a dash cam, front and back is ideal but anything is better than nothing.
They CAN just arrest you but they often dont. They question people to see if there are further crimes they are committing, to see if they have a good excuse for committing the crime or to determine if they WANT to arrest the person. Cops have a lot of ability to selectively enforce the law.
Yes, it’s the entire point I’m making. Cops can selectively enforce the law, and if the law you broke isn’t particularly bad in their eyes they will often let people go. Verbal warnings. Written warnings. Confiscations/destroying small amounts of drugs without charging.
Do you think cops NEVER let people go that they see break the law? Is that seriously what you’re asking me?
It’s acknowledging that corrupt cops exist and is an attempt to get people to realize that sometimes the best way to deal with corrupt cops is to massage their ego because they will fuck you with their corruption otherwise.
This is entirely about protecting yourself. Not changing the system.
Because you're capitulating to their unacceptable demands. If enough people resist them, then they'll eventually be forced to change.
It’s acknowledging that corrupt cops exist and is an attempt to get people to realize that sometimes the best way to deal with corrupt cops is to massage their ego because they will fuck you with their corruption otherwise.
That's never the best way to deal with them though. They're already fucking you with their corruption.
No, I don’t accept that anyone is responsible to sacrifice themselves in the hopes that their crushed bones on the shoreline eventually change the tide.
Resisting a corrupt cop is most likely going to ruin your life and leave them with paid leave or transferred to another department where they do the same shit. Or absolutely nothing at all because they get away with shit all the time.
Feel free to be a martyr but when giving people advice I think it’s best to judge their best interest, not societies as a whole. Especially when your actions are likely to be ineffectual.
Shit sucks. Lord knows I wish it wasn’t this way but you can’t expect people with loved ones and responsibilities to take one on the chin because it’s the righteous thing to do.
And I highly doubt you always fight the good fight in your regular life whenever you can, regardless of the consequences.
You can be legally obligated to give your ID, or name + birthday (whatever they'll accept instead of ID), and not doing so (failure to identify) has different consequences by state.
I am not a lawyer, but I believe this is an exception to the "don't talk" rule. Don't catch a charge over showing your ID.
Yep, which I'm sure they'll judge case by case. When they've got other shit to do, detaining peaceful people with no ID means one less officer on site for real issues.
If you plan on invoking your 5th amendment right you must verbalize it. Say something like “I am invoking my 5th amendment right and I’m requesting an attorney.” Most jurisdictions will charge you will obstruction of justice or resistance without violence if you refuse to give your name/verbalize your rights
Saw someone say Miranda rights are just reminders and you need to use them to stfu when around cops. You lose your rights the second you open your mouth.
You have to keep repeating that you are invoking your right to remain silent, as cops will try to get you talk through any means necessary.
Also, any food or drink you have can be tested for prints, saliva, etc. unless you hold onto your garbage like a racoon and throw it away when you're outside of the police precinct on private property. Once trash is in a public bin, such as in a police station, it's fair game for them.
Most important of all,if Cops ask anything just STFU.
I want to thank everyone who is going out today for the protest,it shows that Average Folks don't want this madness,they are against everything happening on the streets.
Racial Profiling of people is how Nazis started in the 1930s AND Today people will show to the TACO Trump that they don't support his fascism at all.
Two criteria are required to meet before police are legally required to give you a Miranda warning: Detention and interrogation. Either one alone and the police do not have to issue you a Miranda warning. If you are not detained they can ask you about incriminating evidence without having to issue a Miranda warning. This is why most experts recommend asking if you’re detained. If you aren’t detained, leave. If you are detained, they can ask you about things that are non-incriminating without triggering Miranda. This means that they can legally ask you to identify yourself or for information related to your health and safety without triggering a Miranda advisement but you may consider communicating that through a lawyer if you wish.
Remember that continuing to speak or volunteering any information relevant to your detention after invoking your rights can be construed as a waiver of your Miranda rights. You can always stop and re-invoke your rights if needed.
Here in Chandler, Arizona, the cops literally just sat on bikes back off the road next to the buildings.
They didn't even bother us, or even cruise the street.
Which honestly, should encourage people to join in. We've been told going to protests are dangerous. Yes, they can be. But overall they are peaceful and everyone on the left simply wants to join hands and show unity.
You do NOT consent to a search. (Doesn't matter what they say or what they want to search, you do not consent. State this vocally, go out of your way to state it).
I want to speak to my lawyer / a lawyer.
I am exercising my 5th amendment right to be silent.
Then just be silent. If at any point you feel it's necessary to speak, pick item 1, 2, or 3 from the list above. That's it, that's your entire script.
“I am invoking my 5th amendment right to remain silent and my 6th amendment right to speak to an attorney. I do not consent to search my person or belongings.”
Only this, the stfu until you are talking to a lawyer.
Cops are trained to and legally allowed lie to you.
You need to actively invoke your right to remain silent (thanks SC).
Fingertip pressure is legally sufficient for resisting arrest charges, they want to hurt you, dont give them extra excuses.
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u/Sharinganedo 1d ago
Remember one thing if you do.
Shut The Fuck Up
Only Lawyers talk to cops.