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Because the cops don't have the right to detain you without suspicion of you having committed a crime, and (at least historically), invoking the fifth is not ev
by bmelton 12y ago
Because the cops don't have the right to detain you without suspicion of you having committed a crime, and (at least historically), invoking the fifth is not evidence of guilt.
- SilasX 12y agoIn that case, the cop is already detaining you on suspicion of wrongdoing, and they already have significant discretion in what to look at. Sure, when it gets to trial, "alright, maybe I wouldn't have bothered checking for weapons if he hadn't immediately invoked the fifth", and you get a gold plated legal victory. Or you could be on your way in ten minutes and avoid the charade.
- pdkl95 12y agoThe question of if the situation really is something where you could be "on your way in ten minutes" becomes a lot more complicated when you add in the risk of stuff like "parallel construction" and "follow someone until you find some excuse to pull them over". When one part escalates the potential risk, defense against those risks must respond in kind. It would be really nice if law enforcement (and the government in general) decided to cultivate trust so we could reasonably assume a "traffic stop" really was about moving violations. Unfortunately, we seem to be moving rapidly away from that trust, making the hard-line approach a necessity.