Tuesday, April 17, 2007

Bill of rights myths and truth

OK I have explained what the bill of right is to a few people and I think this needs to be addressed. I am no constitutional scholar but I think I understand a little more then the average person.

Myth #1 The bill of rights are the rights American citizens have.
Truth: The Bill of Rights (the first 10 amendments to the US Constitution) is there to tell the government how far they can go in infringing on your rights. For example the 1st amendment says to the government that they can not pass laws against types of speech.

Myth #2 You can exercise your rights anywhere in the United State.
Truth: You can not exercise your rights on private property unless the owner gives you permission. For example I cannot come in to your home and begin yelling about how Adolf Hitler was correct in killing people.

Myth #3 You can only use the 5th amendment when you are in court.
Truth: You have the right not to incriminate yourself all the time. This right is very important especially if you get pulled over by the police. The first question the officer is going to ask is is "Do you know why I pulled you over?" This is a trick question the officer is attempting to get you to incriminate yourself by saying something like "I didn't use my turning signal."

Myth #4 The right to speech only means that you can speak.
Truth: The right to speech also includes the right not to speak. We will use the example from above where the officer asks you "Do you know why I pulled you over?" You do not have to answer the question you can stay silent or better yet exercise your rights and let the officer know you are aware that you do not have to answer him by saying "I do not feel comfortable answering any questions without my attorney present." If you are going to exercise your rights you need to stay silent (which can be hard if the officer keeps tying to get you to speak.

Myth #5 You should let the police search your car.
Truth: This could be a bad idea!!!! If you let the officer search your car it could be torn apart and you have to put it back together. When you allow the officer to search your car you are telling them that you wave your 4th amendment rights. If the officer has a warrant to search you SHOULD NOT stop them. If they have a warrant you have bigger problems and should get a lawyer and keep your mouth shut. If the warrant is not valid or was obtained without probable cause your lawyer can get it thrown out including anything they find.

This is enough myths and truth for now I will explain more in future posts. I am not a lawyer and am not giving any legal advice just explaining things as I see them.

No comments: