Arrested for silence

File: MeinTrump.jpg (599KB, 830x1260px) Image search: [Google]

599KB, 830x1260px

>>17588599
You have to go back Pueblo.

>internal immigration

What?

>>17588599
Did you talk to lawyer yet? Holy shit, the retarded threads some retarded make sometimes, Phew!

>>17588599
lol why do dumb nigger mexicans always think they can just refuse to cooperate and get away with it?

You only have the right to remain silent after you get arrested retard. You can't actively impede an officer in performing his duties.

Did you even read the law you got charged with? You refused to answer what I'm sure were basic questions that an immigration officer needed to ask you to perform his duty of making sure you were legal which any sane officer would take as you being an illegal so he charged you with something he could and you're probably going to get deported once they pull the full story about you.

This isn't Mexico faggot where no one cares what you do because the whole place is a shithole. There is a measure of law and order here.

Internal Immigration Checkpoint= a checkpoint within the borders of the United States established to check the immigration status of random highway travellers.

0P here: a few things
1. I am an American.
2. I have a shitty public defender because I am not rich.
3. I never crossed the border I was just traveling on Interstate 35 in Texas.
4. By virtue of the constitution you have the right to remain silent at any point, not just when you're arrested.

Learn to stop being dumb and cooperate, if you have nothing to hide you should be fine

>>17588671
>by virtue of the constitution

How to find a retard who doesn't know what he's talking about. It's obvious you're just randomly calling on it as if it will save you anytime you didn't want to do something.

Prove it you dumb nigger. I want to hear it straight from you. Point to the exact clause in the Constitution that says you can stay silent no matter what happens and under every circumstance.

Pro tip: You'll never find it because it doesn't exist.

>>17588711
What this guy says.

>>17588701
Oh I get it you are for cowtowing to authority.

>>17588671
Why didn't you just cooperate? You got yourself in this problem.

>inb4 op is a "fug da poliss" retard

File: really.jpg (124KB, 691x680px) Image search: [Google]

124KB, 691x680px

Gross, he's one of THOSE.

Listen dude, my mom raised me to always be compliant with police/immigration/etc. Not because any of us are illegal, but because they're just trying to do their job and it just makes everyone's lives easier. It's also a horrible way to make a statement.

All you had to do was say "yes I'm a U.S. citizen born in _____" and they would have let you go. But no, you had to be a nigger and "protest".

There's no easy way out of problems that are easily avoidable.

>>17588711
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
Protip: The Fifth amendment explicitly gives you the right to remain silent. I know it's written in big fancy words that you might not understand but trust me that's what the Maranda law was based upon.

File: 1455256528549.png (137KB, 300x300px) Image search: [Google]

137KB, 300x300px

>>17588711
5th Amendment?

"you have the right to remain silent, anything you say can and will be used against you in a court of law, you have the right to an attorney, if you cannot afford one, one will be appointed to you."

>>17588770
>INB4 not 5th amendment
i know the miranda rights aren't the 5th amendment

>>17588747
Yes because when you don't you get into situations like yours and then complain about it on a Filipino claymation archive

>>17588762
I understand I CAN avoid a hassle. What I did (STFU), was not illegal. Just like it's not illegal to walk down the street and not talk to people who ask you questions. I agree that it's rude but not illegal.

>>17588599
>Tips?
Cooperate and you will be free to go, if you didn't anything wrong.
>Tricks?
Cooperate, you disgusting nigger.

>>17588671
What else happened and what else was said that can be used against you? Did the cop provoke you to do or say anything else? Was there any kind of discussion?

My guess is you said or behaved in a defensive manor.

>>17588794
>>17588762
>>17588701
>>17588630

Booooooo

>>17588783
Your absolutely right. It's not illegal( I've never studied law and neither have you so we could be wrong).

Now you just have to convince the people at your hearing which usually takes a lawyer.

If you understand this could hsve been avoided then there's no issue. The only thing left is to talk to a lawyer and not sperg out again.

>"Sovereign citizen" faggots
Got what you deserved

>>17588798
Despite not answering questions, I am always respectful because I have no animosity for people just doing their jobs. Whenever they asked a question I responded with "I do not wish to answer any questions" when we came to a dead spot in the conversation, I said "am I free to go?". I never raised my voice. I kept my hands open and on the steering wheel. When they informed me I was under arrest I surrendered immediately. Even when they searched my person in my vehicle without my consent, I did not answer any questions . When they went through my wallet and found my license and verified that I was a US citizen they continued to hold me without cause. About five hours later ICE agents arrested me under 18 US code subsection 111, then read me my Miranda rights. The ICE agents themselves were very nice and amicable.

>>17588822
you have no animosity for people just doing their jobs.. yet you did something that directly makes their job harder, for what?

you were being a shit and now they're punishing you for it. get a lawyer and stop whining

File: Really.png (918KB, 500x750px) Image search: [Google]

918KB, 500x750px

>>17588599
>>17588770

>5th Amendment

>No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

>https://en.wikipedia.org/wiki/Miranda_warning

>"you have the right to remain silent, anything you say can and will be used against you in a court of law, you have the right to an attorney, if you cannot afford one, one will be appointed to you."

>The Miranda warning is part of a preventive criminal procedure rule that law enforcement are required to administer to protect an individual WHO IS IN CUSTODY and subject to direct questioning or its functional equivalent from a violation of his or her Fifth Amendment right against compelled self-incrimination.

>IN CUSTODY

Not out of.

>https://en.wikipedia.org/wiki/Reasonable_suspicion

>U.S. Customs can do routine suspicionless searches of people and effects crossing the border (including passing through airport customs) without establishing reasonable suspicion.

>Police may also set up roadblocks and stop drivers without particularized reasonable suspicion that the stopped individual is engaged in criminal activity, so long as the plan for the stop is applied neutrally

It seems from what I've read you are obliged to answer an officers questions if you are not placed under arrest, if you are placed under arrest, even if they don't tell you your Miranda Rights you can stay silent after you have been arrested.

But seriously, not answering basic questions at a checkpoint as a form of protest?

>>17588783

Do you really think you're "fighting the power" by acting like a stubborn cunt and making one guy's job slightly more difficult? The point of civil disobedience is that you disobey UNJUST laws. It doesn't mean going "nuh uh nuh uh you're not the boss of me" every single time you interact with a police officer. Dumb child

Apparently it WAS illegal, as you were arrested and charged with a crime

>>17588822
Do you have any tips or advice if you were to try this again?

It sounds like you got jewed by pigs

>>17588836
Much in the same way a police officer has no animosity towards me when he writes me a ticket for some seatbelt violation. I have no animosity in return. If I have broken the law he has a job to do. I did not insult/assualt the immigration officers. I just responded to their questions with silence. I did not lie. I did not get angry. Do you feel like you make the waitresses job harder by ordering exactly what you want to eat? Or do you just view it as part of her job? Your argument makes no sense.

>>17588852
If you order a dish with all sorts of modifications and exceptions on it, don't be surprised when the staff spits in it.

>>17588852
Unfortunately for you, internal border controls are a special case of law. You did not cooperate and now are paying the price. They are no different than if you had flown into the US and refused to show your passport or ID and just try to enter the country in silence.

>>17588837
1. An internal immigration checkpoint has nothing to do with US customs.
2. The Fourth Amendment of the U.S. Constitution provides, "[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized." By stopping a person without a warrant and not allowing them to leave you are seizing their "person"
-https://www.law.cornell.edu/wex/fourth_amendment
3. Yes, it is a form of protest.

>>17588876
This is patently untrue.

If I was trying to pull what you did I'd state I'm a us citizen and if I can I see your license officer. Then ask if I'm being detained or if I'm free to go.

>>17588888
The reason why they ask "are you a US citizen?" Instead of asking for your ID or your license is because the Supreme Court has struck down their ability to ask for identification if the person being asked has not committed a crime, not suspected of committing a crime, or if there is not an emergency situation.

Just what are you looking for here

get a lawyer, asking 4chan for legal advice is patently retarded.

Why don't we ask people who know what they are talking about instead of armchair generals and underageds?

http://www.acluaz.org/sites/default/files/documents/Border%20Patrol%20Checkpoint%20Fact%20Sheet_Updated%2011.20.2014.pdf

OP hasn't revealed any details. Was he being abusive? Did he give a probable cause for arrest?

>>17588768
Pro tip faggot: Not a single word of that gives you the right to be silent except when you are being asked to testify against yourself you fucking retard.

Do you even know what the word explicitly means?
You literally have no idea what you're talking about.

>>17588770
Miranda rights aren't the fifth amendment you massive retard.

Why does interpretation of the law always draw in massive retards who have absolutely no understanding of it? Law school should be mandatory as part of college general education.

>>17588923
Cool anger bro. Hope ur dick's okay.

>>17588923
It's often m-m-m-muh constitution! Thinking that they know constitutional law better than lawyers and courts.

>>17588938
Yeah, as a matter of fact that's who arrested me entire courts and lawyers.

>>17588923
People are retarded and don't understand the law/thing they are talking about, but have heard some fancy words and don't know they are retarded, so they make posts with all this knowledge they just made up. Same story different topic, at least its not another "I dont do women well" thread.

Op here: more information.
I have gone through that checkpoint half a dozen times with no problems and not answering any questions any of the times. I had never gotten that particular officer before and he was agitated from the start. I've gotten responses ranging from laughter to begrudging "you're free to go".

Imagine you have to go through a particular part of town every day and every day and officer stops you and asks you Who you are and where you're going without breaking a single law. This is that "show me your papers" bullshit that most sane people want to avoid.

>>17588980
Alright you got my sympathy if that's what you're looking for.

But seriously it's on you because this is your personal choice. Nobody needs to agree with you or praise your choice.

Good luck bro really

> itt bootlickers and retards
Internal checkpoints ARE a gross violation of the Constitution. People who disagree don't understand what due process is and say retarded shit like "hurr da polize are always rite" and are generally just cucks.

Nevertheless, the government stopped giving 2 shits about the Constitution decades ago, and you will NEVER, EVER, EVER win a fight against the police or the government. Just do what they say even though it's wrong, because you're dealing with a high school dropout with a gun and total legal immunity.

Have you contacted ACLU? This is their expertise.

>>17589012
I have not. I thought that was for fags and dead niggers families...

>>17588980
That's all nice and fine, standing up to your rights. But you know how well a civil rights activist is prepared when he faces adversity. You faced an officer who didn't behave as expected. How did you respond? If all you had was the usual "muh constitution" jargon, that doesn't go over well, even if you're in the right. Did you ask for a supervisor? Did you attempt to talk it out? Or did you sperg out like a full retard?

It sounds a bit weird that you would get such a severe punishment just for doing what you described.

>>17588994
You're way projecting your armchair lawyer ideals. The thing is, we only have OP's side of the story. Of course it's going to be fully one-sided. We weren't there, we don't know what actually happened.

>(a)In General.—Whoever—
>(1) forcibly assaults, resists, opposes, impedes, intimidates, or interferes with any person designated in section 1114 of this title while engaged in or on account of the performance of official duties; or
>(2) forcibly assaults or intimidates any person who formerly served as a person designated in section 1114 on account of the performance of official duties during such person’s term of service,
>shall, where the acts in violation of this section constitute only simple assault, be fined under this title or imprisoned not more than one year, or both, and where such acts involve physical contact with the victim of that assault or the intent to commit another felony, be fined under this title or imprisoned not more than 8 years, or both.

One of the punishments is listed for if you commit "simple assault" and the other is if you touch the person you "assaulted". If OP did neither of those things how could they convict him?

>>17589048
OP Here:
1. He was the supervisor.
2. I did try to talk it out but I refused to answer questions.
3. You make the assumption that it is unusual for 1 of 7 officers to react harshly. I anticipated that at least one of the officers would react this way I've seen videos about it.
4. What I did not anticipate was being put in federal prison for 11 days for breaking precisely 0 laws.
5. 18 US code subsection 111( what I was charged with):(a)In General.—Whoever—
(1) forcibly assaults, resists, opposes, impedes, intimidates, or interferes with any person designated in section 1114 of this title while engaged in or on account of the performance of official duties; or
(2) forcibly assaults or intimidates any person who formerly served as a person designated in section 1114 on account of the performance of official duties during such person’s term of service,
shall, where the acts in violation of this section constitute only simple assault, be fined under this title or imprisoned not more than one year, or both, and where such acts involve physical contact with the victim of that assault or the intent to commit another felony, be fined under this title or imprisoned not more than 8 years, or both.

I didn't forcibly do anything. (Can you forcibly remain silent?)

Fucking what is the deal with people not just complying with the police

Seriously, you fucking losers think they're all out to get you and you assume you acting "smart and aware of your rights" wont irritate them.

Just imagine this for a second

We have John, he is pulled over by the police. The officer said he was speeding, John owns up to it and gives the officer his ID and registration. Officer comes back, talks a bit to John, and most likely doesn't give him a ticket because he seems like an alright guy and just messed up.

NOW WE GOT PABLO OVER HERE

PABLO IS PULLED OVER BY THE POLICE. THE OFFICER ASKS FOR HIS ID AND REGISTRATION BECAUSE ITS REQUIRED TO PASS THROUGH THE CHECKPOINT

"AM I FREE TO GO?"

THE OFFICER IS CONFUSED AND SAYS NO, HE NEEDS HIS INFORMATION

'I DONT WANNA ANSWER ANY QUESTIONS'

At this point the officer realizes he's dealing with a dumb spic who doesn't want to co-operate. See the officers job isn't to ticket people, it's to make sure they have proper documentation. The officer gains nothing from sending Pablo's spic ass to jail, but our taco talking friend doesn't want to comply!

So the officer asks for the documentation again because he really doesn't want to do all this shit because Pablo's an idiot. However Pablo doesn't care, remains stubborn and ignorant, and the officer arrests him for obstructing his investigation, and resisting arrest. Pablo most likely tried to say he knows the law or some dumb shit like that would help, and in typical spic fashion tried to fight being arrested.

Moral of the story

Just listen to the fucking police, you faggots act like they're out to fucking get you. If you act decent and don't fucking think you're better than them they'll usually just let you go.

>>17589104
if you don't exercise your rights you may soon find you don't have any

>>17588881
> An internal immigration checkpoint has nothing to do with US customs.
>2. The Fourth Amendment of the U.S. Constitution provides[...]

Not that anon but a quick google search would have told you that, within a 100 mile border range, Border patrol agents have extra-constitutional powers. There are redundant laws in place that grant them these, and they've been upheld multiple times across multiple court cases.

Was this guy overstepping? Probably, but the law was on his side.

TL;DR Your 4th amendment don't mean shiiieet

https://help.cbp.gov/app/answers/detail/a_id/1084/~/legal-authority-for-the-border-patrol

>>17588980
>Imagine you have to go through a particular part of town every day [...].

Dude... You live in TEXAS.

This is a state where even random civilians--who have absolutely nothing to do with law enforcement--will literally grab their guns, hop in a truck bed, and go go patrol the border for 3 or 4 hours at a time, just for shits and giggles.

The probably only worse place you could possibly be is Arizona... Not exactly somewhere I would be if I wanted any sympathy on that front.

I'm pretty anti-establishment in that I think our police(and politicians for that matter) have too much power, too little oversight, and abuse the fuck out of it all the time, but I also know every time I cross the border (which I do often) or a check point that stirring up shit is counter-productive because:

1.) All it do will make some pleb-tier officer's life harder--and he could be a decent guy who has absolutely no more control over what the REST of police or what their policies are
2.) All it will do is make my OWN life harder


That being said, if I come across a particularly egregiously rude/power tripping officer, I'm polite and compliant, but you can be sure I ask for his badge to file a complaint to make his life harder, same as he's doing to me.

>>17589110
>Don't exercise your rights

I highly fucking doubt the police were asking him where the cocaine was you retard

You honestly think refusing to give identification, resisting arrest, obstructing investigations, is gonna help you?

Swallow your pride like you swallow your dad's semen every night. If you are hell-bent on exercising your rights you're going to have a bad time. Not because you can't, but because you're going to annoy and piss off the officer and make a traffic stop a fucking ordeal. See the judgement of being arrested is usually in the hands of the officer. You don't want to fucking annoy him and piss him off.

You can legally poke a fucking best with a stick, but you're making a very bad choice.

>>17589120
You're totally right. Good luck at your next Klan meeting.

>>17589104
Hey guise, OP here. Just so ya know, I AM WHITE AS FUCK. Carry on with the Spic/Pablo/Pueblo shit though.

>>17589099

>5. 18 US code subsection 111( what I was charged with):(a)In General.—Whoever—
(1) forcibly assaults, resists, opposes, impedes, intimidates, or interferes with any person designated in section 1114 of this title while engaged in or on account of the performance of official duties; or

well, you impeded him from carrying out his duties by not answering his questions, bro. i don't know how the term "forcibly" is defined so i can't comment on how it was applied in your case.

arguably, in doing so you also wasted time he could have been using to deal with other people, it's lucky you weren't slapped with a "wasting police time" type charge.

in any event, even if you have passed through this checkpoint before, i'm willing to bet other officers made mention of you to their supervisor and he decided to make an example of you. you brought this on yourself.

lawyer up and plead stupidity and remorse. a few slices of humble pie might have a beneficial effect, but you seem the prideful, uncompromising type so enjoy your continued run ins with the law and eventual butt rape.

>>17589149
I listen to and replied his question with "I do not wish to answer any questions". The fact that he did not like my reply is not an imposition to his job.

>>17589156
>>17589156

evidently he disagreed, and the weight of the law was in his favour, and so here you are facing a criminal charge.

your opinion =/= the law

you would be well advised to drop the attitude when you face judicial authorities.

>>17589156

Make sure you tell that to the judge at your hearing dipshit.

>>17589169
>>17589167
Be men, Faggets!

>>17589187
LOL

>>17589104
You are fucking retarded. Made me lol good

>>17589120
No ya dude you are literally retarded. Sit in your shit box and shit on yourself you silly alchy

>>17588599
This is what's wrong with the American Justice system right here. Irritating the police by using your RIGHT to remain silent, isn't and shouldn't be a crime. And you have these gape-holed boot lickers who think we all need to just bend over and not irritate the poop police officer, who's pride will be sore if someone doesn't follow his unlawful orders.
You assholes make me sick. I don't even recognize this country.

>>17589187

a man faces the consequences of his actions.

a boy looks for people to agree with him that the authority figure is in the wrong without once subjecting his own actions to any real scrutiny or admitting any potential fault with his own behaviour.

OP is a naughty little boy who is about to be spanked by teacher for being a smartass. if he was a man, he'd either apologise for his behaviour or, at the very least, taking his licking in his stride without whining on the internet.

take your medicine OP.

>>17589226
I went to jail and have been on bond for 10 months now with no end in sight. I haven't even been convicted or sentenced yet. For literally doing absolutely fucking nothing. At best this is a misdemeanor and they are putting me through the ringer because a little bit of ego bruising. I am not asking for anyone to agree with my decision. I am asking about legal recourse to either expedite getting off of bond or steps on how to proceed with trial. Thanks for your shit comment though.

>>17589252
It usually just takes a really fucking long time to get processed through the courts

your best bet is to ask a lawyer if there's anything you can do to make things go more quickly

>>17589075
Everyone look. Another retard. Try reading again retard and look for the words "impedes" and "interferes" and then try again with your retard brain to see if you can figure it out this time.

>>17589215
You're just being a nigger. This is comparable to someone asking you to move so you can get by them and you being a total asshole about it for no reason. Eventually you are going to piss off the wrong nigger who's going to smash your face in.

The protections aren't there for you to because the fuck out of them just because you want to be an asshole. They are there to make sure people don't overstep their authority. I'm almost positive the officer asked him extremely tame questions and this guy was one of those niggers you see recording shit all the time screaming "HELP. POLICE ABUSE. POLICE ABUSE." If he says let me search your car, you tell him to fuck off. If he says are you a citizen, you say you are because it's not that big of a deal.

Fucking retards man.

>>17588599
an internal checkpoint? is that even legal?

>>17588599
>The only thing I kept repeating was "I do not wish to answer any questions" and "am I free to go?"
zozzles
>/b/
>Tips? Tricks?
Next time, just crack your window enough to pass the paperwork. Also if they tell you to get out or anything just say that you're a sovereign citizen and you're not bound by the laws that normal mortals are. They technically can't do anything to you if you're in your car, so feel free to run some of them over too. While you're at it, you might want to take a gun out and wave it around (in your car of course, it's legal then because of reasons).
Almost forgot. If they try to handcuff you just keep saying "am I being detained???" They're basically forced to let you go at that point and you can get back into your carstle. You can then invoke carstle doctrine and shoot at them for invading your sovereign nation.

>>17589341
So the cops are just niggers ready to smash your face in? And that's ok with you?
If OP presented the proper identification, and is not suspected of a crime, then he doesn't HAVE to answer any questions, period.
Cops ask stupid random questions because they are either looking to fuck with you, or they just have nothing better to do at the moment, why answer questions if you don't have to? Is that rude? Ok, being rude isn't against the law. A lot of cops need to take their egos down a notch and review the limits of their power.

>>17589252

boo fucking hoo

you did the crime, now do the time.

>he fell for the "I HAVE A RIGHT TO REMAIN SILENT" YouTube meme
HAHAHAHAHAHAHAHHAHAHAHHAHAHHAHAHAHAHHAHAHAHHAHAHAHHAHHAHAHAHAHHAHAHAHAHHAAHAHHAHAHA

>>17589104
>and most likely doesn't give him a ticket because he seems like an alright guy and just messed up.
You're not old enough to drive, shit the fuck up.

This thread is insane. Everyone is gettin crazy

>>17589835
https://www.youtube.com/watch?v=i8z7NC5sgik
https://www.youtube.com/watch?v=08fZQWjDVKE
a video talking about not talking to police if you are suspected of a crime.

this is for people who are saying to talk. I didnt read this whole thread but if this whole thing is for protest then you are being retarded and you making a lot of trouble for nothing. but if its for like a crime then maybe think extra about talking to the police.

>>17588876
You'd be well within your rights to be completely silent when returning to the US. You only have to prove that you're American. CBP has a very limited scope. My lawyer sued them in court when they violated that scope with my wife. We won the case.