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re: Lying to cops should only be a crime if you are under oath

Posted on 3/1/23 at 2:00 pm to
Posted by BluegrassBelle
RIP Hefty Lefty - 1981-2019
Member since Nov 2010
99247 posts
Posted on 3/1/23 at 2:00 pm to
quote:

You never have to incriminate yourself by talking to the police, but lying to them, under certain circumstances, can be obstruction.



And it's also why your Miranda Rights remind you that you have the ability to keep your mouth shut.
Posted by EarlyCuyler3
Appalachia
Member since Nov 2017
27290 posts
Posted on 3/1/23 at 2:01 pm to
quote:

And it's also why your Miranda Rights remind you that you have the ability to keep your mouth shut.




You have the right, most people don't have the ability.
Posted by Lonnie Utah
Utah!
Member since Jul 2012
24041 posts
Posted on 3/1/23 at 2:03 pm to
quote:

And it's also why your Miranda Rights remind you that you have the ability to keep your mouth shut.


You have the RIGHT to remain silent, the ability is on you....

Posted by AggieHank86
Texas
Member since Sep 2013
42941 posts
Posted on 3/1/23 at 7:36 pm to
quote:

why your Miranda Rights remind you that you have the ability to keep your mouth shut.
I have always thought that Miranda was a stupid, paternalistic SCOTUS decision.

The 5th Amendment CLEARLY gives you the right not to incriminate yourself, but I see NOTHING in the 5th Amendment which requires an LEO to REMIND you of that right. Pure Strict Constructionism. But the liberal Warren Court pulled that nonsense out of its collective arse.
This post was edited on 3/1/23 at 8:30 pm
Posted by DawgsLife
Member since Jun 2013
58925 posts
Posted on 3/2/23 at 3:21 pm to
quote:

And it's also why your Miranda Rights remind you that you have the ability to keep your mouth shut.




True, but if they are only questioning you they do not read you your Miranda Rights. That only comes if they arrest you.
If they are questioning you (In anticipation of a possible arrest, or simply to gather information in an investigation) they do not read you the Miranda Rights.
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