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Thread: Don't Talk To Cops

  1. #1
    thret is offline PNW Elite
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    Default Don't Talk To Cops

    Youtube lecture on why you should always take the 5th. Quite a few angles I had never heard of.

    YouTube - Don't Talk to Cops, Part 1
    YouTube - Don't Talk to Cops, Part 2
    How did you learn to play poker? By playing darts? - The Grand
    All you need in this life is ignorance and confidence, and then success is sure. - Mark Twain
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  2. #2
    bigfatbastard's Avatar
    bigfatbastard is offline PNW Amateur
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    Default Re: Don't Talk To Cops

    Some good advice - if you are in America!
    But don't forget that the US and Australia have very different laws
    and procedures. Not to mention that there are some circumstances
    in Australia where a person is compelled to speak to Police (or other
    authority).
    For example, you are most definitely required to state your name,
    address and date of birth when asked for it, and then provide proof
    of those details upon demand (identification, etc.). Certain driving
    matters demand a response, and there are others.

    Interesting nonetheless.

    Additionally, a great many crimes in Australia and around the world
    are solved not by Police-obtained confessions, but by public-obtained
    confessions from 'crims' down the pub who couldn't keep their mouths
    shut, bragging about their exploits - "look what I did" and such.
    It aint a perfect crime if someone else knows about it.

    BFB

  3. #3
    whitey9999 is offline PNW Amateur
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    Default Re: Don't Talk To Cops

    Yeh can't plead the 5th here, but good video to watch.

    Speaking of the issue, I just got fined for travelling with an invalid concession card. On the back it says " Personal information may be disclosed with the consent of the person to whom it relates or as permitted by legislation"
    The train officer said they don't issue the fines so a third part issues the fines.
    What is the legislation that they can freely give out your information, Since I didn't give consent to have my information given out to a third party.

  4. #4
    DaNRL's Avatar
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    Default Re: Don't Talk To Cops

    Quote Originally Posted by whitey9999 View Post
    Yeh can't plead the 5th here, but good video to watch.

    Speaking of the issue, I just got fined for travelling with an invalid concession card. On the back it says " Personal information may be disclosed with the consent of the person to whom it relates or as permitted by legislation"
    The train officer said they don't issue the fines so a third part issues the fines.
    What is the legislation that they can freely give out your information, Since I didn't give consent to have my information given out to a third party.
    You can't plead the 5th but that doesn't mean you have to incriminate yourself

    There are certain situations you have to answer the police but it's unlikely to give away too much that's incriminating
    The Penguin is a survivor - he will be there at the end

  5. #5
    chenyan is offline PNW Semi-Pro
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    Default Re: Don't Talk To Cops

    Quote Originally Posted by whitey9999 View Post
    Speaking of the issue, I just got fined for travelling with an invalid concession card. On the back it says " Personal information may be disclosed with the consent of the person to whom it relates or as permitted by legislation"
    The train officer said they don't issue the fines so a third part issues the fines.
    What is the legislation that they can freely give out your information, Since I didn't give consent to have my information given out to a third party.
    I would hazard a guess that it would be contained in the regulations for the relevant Public Transport (or whatever) Act.

  6. #6
    thret is offline PNW Elite
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    Default Re: Don't Talk To Cops

    I'm aware that we cannot plead the 5th as we are not in America, but according to the sum of all human knowledge:

    Within Australia, the right to silence derives from common law. The uniform position amongst the states is that neither the judge nor the jury is permitted to draw any adverse inference about the defendant's culpability, where he/she does not answer police questions.

    It has also been upheld by the High Court in the case of Petty v R (1991) 173 CLR 95.

    Miranda warning - Wikipedia, the free encyclopedia

    It seems reasonably clear that unless there are exceptional circumstances you won't get into extra trouble by remaining silent.

    bfb I think you are quite right, people often share information for no sensible reason. Even if you trust someone completely, why involve them in it?
    How did you learn to play poker? By playing darts? - The Grand
    All you need in this life is ignorance and confidence, and then success is sure. - Mark Twain
    Prosperity supposes capacity. Win the lottery, and you are an able man. Have but luck, and you will have the rest; be fortunate, and you will be thought great. - V Hugo

  7. #7
    paulyramone is offline PNW Grinder
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    Default Re: Don't Talk To Cops

    'No comment'.

    Ad infinitum.

  8. #8
    KH4LIL is offline PNW Pro
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    Default Re: Don't Talk To Cops

    After watching that video, it makes me think that in the states I can plead the 5th if im asked to take a breath test...unless there is some sort of fine print where thats exempt
    Roy: Who would you rather be, Scott 'Punty' Smith or Harris 'P.I.M.P' Pavlou?

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  9. #9
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    Default Re: Don't Talk To Cops

    The right to silence is actually enshrined in very old English common law. There's a pretty hilarious Court Transcript on Scribd which is worth a read if you're not a tldr moron type. Here's the opening scenes:

    TRANSCRIPT OF PROCEEDINGS
    TRANSCRIPT IN CONFIDENCE O/N 138069

    FEDERAL MAGISTRATES COURT OF AUSTRALIA
    PARRAMATTA REGISTRY

    HIS HONOUR:Mr <SURNAME>.Mr <SURNAME>, just come in, sir.Have a seat.

    MR <SURNAME>:I will do so if I can enter with all my inalienable rights intact, sir.

    HIS HONOUR:No, you can just come in and have a seat, or you can not participate at all.It’s a matter for yourself.

    MR <SURNAME>:I’ll do so if you agree that all my inalienable rights are intact, sir.

    HIS HONOUR:No, I don’t agree.

    MR <SURNAME>:You don’t agree that I have my inalienable rights intact, sir?

    HIS HONOUR:No, I don’t.It’s a matter for you as to whether you want to
    participate or not, so if you do want to participate, come and have a seat at the bar table.

    MR <SURNAME>:I will do so, sir, if you agree that I have all my inalienable rights intact.

    HIS HONOUR: No.

    MR <SURNAME>:Are you denying me my inalienable rights, sir?

    HIS HONOUR:I am.

    MR <SURNAME>:So let me just record this then.

    HIS HONOUR:Call Mrs <SURNAME>.It’s all recorded, sir.You don’t need to.
    You can get copies of the transcript.It’s all on record.Mrs <SURNAME>, is she coming in?

    MR <SURNAME>:I haven’t seen her, David.

    HIS HONOUR: Didn’t talk to you, sir?

    MR <SURNAME>:There’s no one outside – she’s just arrived.

    HIS HONOUR:Good, thank you.Ms Bevan, are you appearing for the respondent
    today?

    MS BEVAN:I am, your Honour.

    HIS HONOUR:All right.

    MS BEVAN:The respondent is before the court.

    HIS HONOUR:Thank you.

    MR <SURNAME>:Sir, my name is Peter <SURNAME> – my calling is Peter
    Andrew <SURNAME>.I have asked David Dunkley – I have told David Dunkley
    that I will enter this court room if I have all my inalienable rights intact.David
    Dunkley has said that I do not have all my inalienable rights intact.I will not enter
    this court room until such time as I have all my inalienable rights intact and you are
    agreement, Mr Dunkley, to that.

    HIS HONOUR:Just have a seat, sir.

    MR <SURNAME>:No, sir.I will have a seat when you agree I have all my inalienable rights intact.
    This goes for 19 pages. It's pretty hilarious stuff if you're into that sort of thing....

    GlobalMan.court.transcript

    It cracks me up when he just starts calling the Magistrate "David". It's also worth noting the strategy doesn't really play out all that well for him, in the end (~spoiler). But his hilarious resistance to paying child support and his behaviour in the courtroom did genuinely have legitimate grounding in law.

    But of course, all laws are unjust. Because they're selectively applied.

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