The Miranda warning, also referred to as Miranda rights or Miranda rule, is a warning
given by police in the United States to criminal suspects in police custody (or in a custodial interrogation)
before they are interrogated to preserve the admissibility of their statements against them in criminal
proceedings.
The Miranda warning is part of a preventive criminal procedure rule that law enforcement
is required to administer to protect an individual who is in custody and subject to direct questioning or its
functional equivalent from a violation of his or her Fifth Amendment right against compelled self-incrimination. In
Miranda v. Arizona, the Supreme Court held that the admission of an elicited incriminating statement by a suspect
not informed of these rights violates the Fifth Amendment and the Sixth Amendment right to counsel, through the
incorporation of these rights into state law.[Note 1] Thus, if law enforcement officials decline to offer a Miranda
warning to an individual in their custody, they may interrogate that person and act upon the knowledge gained, but
may not use that person's statements to incriminate him or her in a criminal trial.Template:384 U.S.
436
In Berghuis v. Thompkins, the Supreme Court held that unless a suspect expressly states
that he or she is invoking this right, subsequent voluntary statements made to an officer can be used against him
in court, and police can continue to interact with (or question) the suspect.
YOUR RIGHTS WITH THE POLICE
The Script You Need To Stay Out of Jail
[vid]
Published on Apr 16, 2015
Eddie Craig breaks down just what you need to say and do to stay out of jail when you're
pulled over by the police.
Secrets Police Don't Want You To Know
[vid]
Eddie is an Air Force veteran that began
realizing that the government was lying to the people at virtually every turn. He earnestly begin his research into
government rules and statutes in the mid 90's after he witnessed his mother breakdown into tears of hopeless
frustration over a property tax bill that threatened to take away her property and home.
Angry at the malicious and callous demeanor of those that supposedly worked for the greater good of the People
Eddie began to carefully research and document the relationships between the various statutes and the legislative
enactments that created them, especially the "ad valorem" property tax, and eventually the federal income tax. He
has since spent the past eleven years researching the various Texas Codes such as the Transportation Code. Much to
the dismay of many municipalities, police officers, and prosecutors he has thrown a very large monkey wrench into
the gears of their money machine, using their own laws! With Randy Kelton's passed down knowledge about due process
and criminal actions Eddie's research has become even more dangerous to them.
Vigorous study and research revealed the truth, most government employees know even less about the language and
application of the law than the general public! Angered by the cavalier attitudes of public servants acting as if
their ignorance was of no consequence, Eddie sought out other like minded people to exchange ideas and find a
remedy, which led him to Rule of Law Radio.
Eddie has now dedicated himself to "fighting the good fight" against the total willful ignorance that consumes our
public servants at every level of government, an ignorance in which too many people share by way of an apathetic
attitude about our rights and liberties. The biggest problem with being apathetic is that it is a word comprised
mostly of the word "pathetic".
Labor Day: another holiday, another excuse to push the
limits of the police power over citizens. All across the state, Tennessee police will be performing another
round of highly-publicized “no refusal” blood-draw DUI checkpoints this weekend. With police armed with a 2012
law that allows them to forcibly extract blood from drivers, it's a bad time to be a citizen who does not
consent to searches.
Forcible blood draws began in Tennessee in
2009, being used only for cases of vehicular assault. In all other circumstances, the blood draws were not
forcible. They could be declined, with the understanding the DUI suspect’s driver’s license would be suspended.
Tennessee calls it the Implied Consent Statute.
That changed January 1, 2012, with the enactment of a
new law that took away that choice for suspects to decline with a license suspension. Ever since the
law took effect, police can obtain rubber-stamped warrants to forcibly extract blood from any driver they
decide is a DUI suspect.
Additionally, the new law now mandates blood be drawn from citizens in a variety of
circumstances. No longer limited to vehicular assault cases, police are not required to take the blood of any
DUI suspect who has ever had a DUI conviction in their life, according to WBIR.
The other requirement is that blood be drawn from any suspect who has a person under the age of 16 in the car.
The rest of the blood-draw cases are done upon seeking a readily available warrant.
In light of these new powers, the latest fad in Tennessee law enforcement is setting up “no refusal”
checkpoints, having a judge or a judicial commissioner on call to churn out blood warrants on demand. Rather
than spread out across a town, looking for probable cause to stop vehicles, police stop everyone, lacking any
tangible reason to initiate each stop.
Tennessee police to perform "no
refusal" blood-draw
DUI checkpoints this Labor Day
TENNESSEE — Labor Day: another holiday,
another excuse to push the limits of the police power over citizens. All across the state, Tennessee police will be
performing another round of highly-publicized "no refusal" blood-draw DUI checkpoints this weekend. With police
armed with a 2012 law that allows them to forcibly extract blood from drivers, its a bad time to be a citizen who
does not consent to searches.
These so-called "no refusal" checkpoints involve police blocking a public road, sometimes forcing drivers into a
parking lot, where they will be forced to prove their innocence to police officers. The lucky ones will be
"allowed" to continue their journey down the public street after brief questioning and harassment. Drivers who draw
police interest, say, for being less than thrilled about being subjected to police checkpoints on American streets,
may be put through field sobriety tests and may ultimately told that they will either voluntarily submit to a
search, or they will be forcibly be subjected to a search. I am referring to breath and blood searches.
This Labor Day weekend, at least a dozen counties in Tennessee will be launching the "no refusal" checkpoints,
according to NewsChannel5.com. The state has been rolling out the checkpoints en masse on holiday weekends, getting
the public acclimated to the idea of mandatory blood draws in the land of the free.
Every driver who refuses to blow is
strapped to a table,
put in a headlock, blood forcibly taken
GEORGIA -- In some Georgia counties, as
well as all over the USA, drivers are getting their blood forcibly stolen from them. As shown in this video, every
driver who refuses to give the police a blow, even for misdemeanor offenses, is strapped to a table, put into a
headlock by a police officer, and their blood forcibly taken.
Alex talks with Jamie Balagia, a trial attorney known as the "DWI Dude." Balagia is a former
Austin police officer known for going head-to-head in court over spurious charges brought by predatory cops and
prosecutors. He is lauded for his work in social activism, civil rights, and police accountability. http://dwidude.com/
Police Lining Their Pockets with DWI Arrest Fees &
More
[vid]
The authors of the Texas DWI Survival Guide: A Citizen's Protection Manual, Jamie Balagia,
Bruce Edge and John Hunsuckers, are undoubtedly in the top ten of DWI lawyers in the country. Alex is also joined
by Attorney Jamie Balagia "The DWI Dude" about our rights under the constitution and how we can enact them to
empower us against tyranny. http://dwidude.com/
The authors of the
TexasDWI Survival Guide: A Citizen's Protection
Manual, Jamie Balagia, Bruce Edge and John Hunsuckers, are undoubtedly in the
top ten of DWI lawyers in the country. They designed this book to help protect
the average citizen from over zealous DWI enforcement. DWI is a serious issue;
political pressures are resulting in unsuspecting everyday citizens being swept up in
this new form of prohibition. Make no mistake; the objective is to ensnare and
punish every driver who gets behind the wheel after having only one drink. It is
imperative to know your legal rights and to be prepared before you see the red and blue
cop lights flashing behind you. What you do and say after that moment will have
lifelong repercussions.
Alex Jones has personally been following their work for over a decade. Jamie
Balagia is a former police officer so he know the system from the inside out. He
is not just a book smart lawyer in a fancy suit, he has been on streets and knows
exactly how the police operate and he knows their secrets. This book is set
around the laws in Texas but the laws and enforcement tactics are similar throughout
the United States. This is not just for people when police set you up for
drinking and driving; this is a constitutional primer to know your rights and
procedures when dealing with the police.
You would have to spend thousands of dollars to get this information direct from a DWI
lawyer, and most do not know a fraction of what these men know. These lawyers are
giving up valuable trade secrets learned through years of research, study and
practice. Often, expertly written legal books such as this can cost hundreds if
not thousands of dollars. This may be the best $39.95 you have ever spent.
This is key knowledge that could save you thousands of dollars in fines, fees and
possibly even keep you out of jail. If you, a friend, or a loved one ever has a
drink and then drives, you need to read this book. Know your rights, protect your
ability to drive and avoid hidden costs that may follow you for
years.
Authors: Jamie Balagia, Bruce Edge and John Hunsucker
The California Supreme Court reached a decision in People v. Diaz that police may lawfully search
mobile phones on arrested individuals, without first obtaining a search warrant. So with this ruling, should we
just call privacy dead or are there still tricks to keep your personal information safe? Competitive Enterprise
Institute's Ryan Radia explains.
Dr. Benjamin
Rush
"Education is favorable to Liberty. Freedom can only
exist in a society of knowledge.Without learning, men are incapable of knowing their rights, and where learning is confined to a
few people, Liberty can neither be equal nor universal."