Can you exercise the right to remain silent by writing it on a note and not speaking?

[WarrantSeeker]

What is the name of your state (only U.S. law)? Mississippi
This is just a general question. I do not need to know in regards to any case. I know the Supreme Court recently held that the right to remain silent only applies when the suspect expresses that she wishes to exercise that right, but can she do so though writing and not through speech?

 

[OHRoadwarrior]

If they could not, it would be discriminatory toward mute persons.

 

[Shannongiles16]

I have a cute little card that states I wish to exercise all my rights. You can print it off the internet and laminate it. You then hand the card to the officer and he/she reads it. It starts out I hereby wish to invoke and refuse to waive all my rights and priviledges afforded to me by the constitution. Its called a freedom card if you want to print one for yourself. I haven't needed mine but it can come in handy with an overzealous leo.

 

[Antigone*]

I have a cute little card that states I wish to exercise all my rights. You can print it off the internet and laminate it. You then hand the card to the officer and he/she reads it. It starts out I hereby wish to invoke and refuse to waive all my rights and priviledges afforded to me by the constitution. Its called a freedom card if you want to print one for yourself. I haven't needed mine but it can come in handy with an overzealous leo.

That is all I have to say.

 

[CdwJava]

As long as the nice little note is accompanied by your license, registration, and proof of insurance, I don't care.

Of course, I'm not likely to READ the card unless I get it back to my patrol car. And if someone tries to hand it to me on the street, I probably ain't gonna be distracted by reading it unless the person handing it to me is secure in some way, and I have a second officer with me.

It's not always safe to blindly start reading stuff on a contact.

 

[tranquility]

As long as the nice little note is accompanied by your license, registration, and proof of insurance, I don't care.

Of course, I'm not likely to READ the card unless I get it back to my patrol car. And if someone tries to hand it to me on the street, I probably ain't gonna be distracted by reading it unless the person handing it to me is secure in some way, and I have a second officer with me.

It's not always safe to blindly start reading stuff on a contact.

Not only this, but unless a person had some disability where they could not speak, I'm not sure this would be a proper invocation.

 

[CdwJava]

Not only this, but unless a person had some disability where they could not speak, I'm not sure this would be a proper invocation.

Good point.

I would probably abide by it if Miranda were applicable (which it would not be in most detentions), but I wonder if such a pre-emptive notice would apply under the law? It's likely I would still ask questions during a detention as I normally might. He can refuse to answer, but I can still ask.

 

[tranquility]

Good point.

I would probably abide by it if Miranda were applicable (which it would not be in most detentions), but I wonder if such a pre-emptive notice would apply under the law? It's likely I would still ask questions during a detention as I normally might. He can refuse to answer, but I can still ask.

Asking for consent to search is not an "interrogation" and Miranda would not be implicated, so the card is not relevant to search issues.

As to Miranda, case law would generally hold pre-emptive invocation is not effective. Usually, the cases have to do with a guy who sends a letter to the police for any future questioning. But, the general proposition is the person must be subjected to a custodial interrogation before invocation is effective. (In CA, People v. Nguyen, 132 Cal.App.4th 350 [2005]) Another problem is the suspect must acknowledge he understands his rights before an invocation can be made. Also, a card with such a statement is not a clear invocation of his rights under Miranda as far as I see. Finally, and the point you made, you don't normally have a duty to read and understand things people hand you. Both for officer safety reasons and for simple language reasons. What if the invocation was printed in Tagalog? What if the phrasings are different from the way you were taught in the academy? Do we really lose the statement because some guy gave you some thing that you may or may not have read and may or may not have understood? Admittedly, that argument might be more difficult if there was a disability preventing the person from making a clear statement of understanding and invocation--equal protection and all that.

 

[Shannongiles16]

You would call in a second officer and place someone in handcuffs because they handed you a written statement invoking their rights? Seems like a waste of time and money. I got tired of police contacts long ago but I could care less if I'm handcuffed and placed in the rear of the police car while the officer breaks out their reading glasses and waits for backup. Im pretty rough and tough ya know I strike fear in the hearts of doughnut eaters everywhere.

 

[CdwJava]

You would call in a second officer and place someone in handcuffs because they handed you a written statement invoking their rights?

That's NOT what I said.

But, I'm not necessarily going to go nose deep into some written document while the person that handed it to me is standing right there. I might ask that he sit on the curb and cross his ankles, placing his hands in his lap before I considered reading it, however.

There is a little trick they teach in prison which involves distracting officers with reading material. Even if that's not the fear, the officer is under no legal obligation to read what you handed him. As a rule, I don't generally do so unless it is a document I requested. If it is something I did not request and do not need, I hand it back. I've had yay-hoos hand me case law before trying to argue why they don't need a license or registration, and even trying to explain why they are not a person subject to my authority. I don't care, and I tell them to keep it.

I got tired of police contacts long ago but I could care less if I'm handcuffed and placed in the rear of the police car while the officer breaks out their reading glasses and waits for backup. Im pretty rough and tough ya know I strike fear in the hearts of doughnut eaters everywhere.

I don't eat donuts, but if I did I doubt you'd register anything more than an annoyance on my meter. It takes a great deal more than silence to register "fear" for me ... I've been at this a long time, and have played in the big city with REAL criminals.

 

[Shannongiles16]

Obviously the remarks were facetious. I do not interfere with police investigations but I also do not participate in them. I will make it a point to use the card next time just to test the local leo's training on the matter. I will let you know how it goes.

I was unaware it was used as a distraction. After you posted I went and looked for a much simpler freedom card and found one I really liked. Much simpler, larger print and much more to the point. I just want to terminate the interview and be on my way. We have a very large leo per capita here and I think it lends to overzealous enforcement. You wouldn't believe me if I told you. I think there has been 6 officer involved fatal shootings in the last 3 years and the pop is only 360k. I personally believe each shooting was justified but its a scary number. I give them kudos for their excellent training. I heard somewhere recently that 1 out of 90 bullets fired by leo's hits their intended target. I dont think there were many stray rounds in those 6 shootings.

 

[CdwJava]

Obviously the remarks were facetious. I do not interfere with police investigations but I also do not participate in them.

Hopefully know one you know is ever the victim of a crime that will have to rely on your assistance.

I will make it a point to use the card next time just to test the local leo's training on the matter. I will let you know how it goes.

They can choose to read it or not, they can choose to pay it heed or not ... I would hope that you are not getting contacted by the police enough to ever have to use this. If you are frequently contacted by the police then you may have some other problems with your lifestyle.

I was unaware it was used as a distraction.

It can be.

 

[Shannongiles16]

I got pulled over 17 times when I was 17. No history of drugs or alchohol. Im not the problem.

Im actually quite helpful to other private citizens. Unless they look cagey.

 

[CdwJava]

I got pulled over 17 times when I was 17. No history of drugs or alchohol. Im not the problem.

Maybe it was your driving?

Im actually quite helpful to other private citizens. Unless they look cagey.

Being helpful to private citizens doesn't help a lot if you won't tell what you know to the police should it be necessary.

 

[Shannongiles16]

Maybe it was your driving?


Being helpful to private citizens doesn't help a lot if you won't tell what you know to the police should it be necessary.

I drove better then. Not a single citation in about a decade(even with the dozens of pullovers). Not one speeding ticked in 1.76 million documented miles. I appreciate that you support other leo's but in this case you are mistaken. I memorized the book. Aced my written. Aced my driving. I was even told by the dmv tester that given my age and the fact I had only driven 12 miles before the test that I had the best control of a vehicle she had ever seen an adult possess. Some people have an aptitude for reading and understanding. Some people have an aptitude for control of motorized vehicles.
I aided a disabled vet with his shopping today. I assisted a boeing engineer break into a vehicle he had locked himself out of. I helped a retired fireman with his wiring in his motorhome and I even helped a poor helpless barista figure out why she couldn't get her car in gear. This was one day. I still dont like police contact.