Video of the Day – Understanding the 5th Amendment and Why a Law Professor Says “Don’t Talk to Police”

Screen Shot 2014-11-26 at 11.50.42 AMIn my recent interview, “Serfdom is the New Normal” – Talkin’ Oligarch Blues with Perpetual Assets, I mentioned the dangers of talking to the police in light of the recent epidemic of shady civil asset forfeitures. What many people fail to realize, is that you aren’t obligated to have casual conversations with police when you have been pulled over. In fact, such conversations are often used solely to manufacture an excuse for further action against you. For example, take this excerpt from the recent Washington Post article, Highway Seizure in Iowa Fuels Debate about Asset-Forfeiture Laws:

Simmons said he was issuing a warning for the failure to signal. After handing over the paperwork, he said the stop was over. Then he asked the driver, Newmerzhycky, if he had “time for just a couple quick questions.”

Police who specialize in highway interdiction use casual conversations to avoid triggering legal questions about the length of stops. If the conversations are consensual, courts consider the added delay to be legal.

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