Today on Gnostic Warrior Radio and Podcast, we have the pleasure of interviewing Criminal Defense and Civil Rights Attorney, Gary Wenkle Smith. Gary has been practicing law for over 30 years and specializes in serious felony cases. His first piece of advice is, "Rule Number 1: Never talk to the cops! Rule Number 2: Never Break Rule Number 1!"
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By Gary Wenkle Smith:
The criminal justice systems in California and the Federal Courts are sophisticated and often harsh. A Defendant who is not prepared for the events that take place throughout the course of the proceedings will invariably feel as though he/she has been treated unfairly.
Rule Number 1: Never talk to the cops! Rule Number 2: Never Break Rule Number 1!
The Fifth Amendment to the United States Constitution provides, in relevant part for purposes of this Blog: “No person…shall be compelled in any criminal case to be a witness against himself…”
“You have the Right to Remain Silent,” also known as our “Miranda Rights”, is a most compelling advisal. Yet, in my experience, most people talk to the cops. And, most people accused of a crime are usually convicted by their own words. Thus, if one remains silent by invoking his Constitutional Right, then nothing he did not say can or will be used against him.
Freedom From Unreasonable Searches and Seizures Is Not a Technicality -
We have all heard the expression from the media “he beat it on a technicality.” Or “based upon a technicality, the evidence was not allowed, and the accused was set free,” or phrases of that kind. The implication always is that somehow the guilty person was unjustly set free. What we do not hear is: “because of a violation of the Fourth Amendment to the Constitution of the United States, the evidence that was illegally seized was suppressed, and therefore was not admissible at trial, and the prosecution had to dismiss the case.”
The Fourth Amendment provides:
“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”