Bye-bye 5th Amendment! Supreme Court Decides: Anything You Don’t Say Can and Will Be Used Against You

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Top Tier Gear USA

Everyone knows that when building a police state, it’s vital to strike a few Constitutional rights off the books. Now, we can add the right to remain silent to the graveyard of the American justice system. How can you expect the people to be properly subjugated with all those pesky freedoms that the Bill of Rights blathers on about?

The would-be totalitarians can chalk up another victory, because the Supreme Court has made the decision that if you opt to remain silent, that silence can (and will) be used against you in a court of law.

The Fifth Amendment to the Constitution guarantees our right against self-incrimination.

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

The Supreme Court said that unless a person specifically asks for their Fifth Amendment right to remain silence, that your silence can be used as an indication of guilt. The case was brought to court on  the basis of an unconstitutional prosecution against Genovevo Salinas. Justice Alito, who has a history of excusing the most disturbing abuses in favor of the government, said,“[Salinas’] Fifth Amendment claim fails because he did not expressly invoke the privilege against self-incrimination in response to the officer’s question. It has long been settled that the privilege `generally is not self-executing’ and that a witness who desires its protection `must claim it.’”

So, the advice to sit there and keep your mouth shut, should you be unfortunate enough to have been accused of committing a crime, is no longer the best option. If the police fail to read you your Miranda warning, you must explicitly say that you are claiming your Fifth Amendment right not to incriminate yourself. In stating that, aren’t you, in fact, letting the police know that a crime, has indeed been committed by you? The right to remain silent is supposed to mean just that – you can refuse to answer questions and your silence will not be used against you.

Justice Breyer said, in his dissent:

“The need to categorize Salinas’ silence as based on the Fifth Amendment is supported here by the presence, in full force, of the predicament I discussed earlier, namely that of not forcing Salinas to choose between incrimination through speech and incrimination through silence. That need is also supported by the absence of any special reason that the police had to know, with certainty, whether Salinas was, in fact, relying on the Fifth Amendment—such as whether to doubt that there really was a risk of self-incrimination, see Hoffman v. United States, 341 U. S. 479, 486 (1951), or whether to grant immunity, see Kastigar, 406 U. S., at 448. Given these circumstances, Salinas’ silence was “sufficient to put the [government] on notice of an apparent claim of the privilege.” Quinn, supra, at 164. That being so, for reasons similar to those given in Griffin, the Fifth Amendment bars the evidence of silence admitted against Salinas and mentioned by the prosecutor.”

In 2001, Ohio vs. Reiner, the Supreme Court ruled that “a witness may have a reasonable fear of prosecution and yet be innocent of any wrongdoing. The privilege serves to protect the innocent who otherwise might be ensnared by ambiguous circumstances.”

Apparently they have changed their minds.

As Justice Breyer said, you must now choose whether to incriminate yourself through speech and incriminate yourself  through silence. I wasn’t there when they wrote it, but I really don’t think that “devil and the deep blue sea” decision is what the authors of the Fifth Amendment had in mind.

The “Supreme Court” is a joke.

Yesterday it was announced that they struck down the need to prove your citizenship in order to vote in the United States – all you have to do is say you’re an American, and then “poof – here’s a ballot!” They have decided again and again in favor of huge, evil corporations like Monsanto. They have decided in favor of Obamacare. The conflicts of interest within the Supreme Court, large corporations, the banking industry, and the government are so blatant that they don’t even bother to defend themselves against accusations of such.

The checks and balances designed to be in place with the three branches of power are all leaning to one side – there is no balance. We are collapsing into a police state, and the Judicial branch has just tipped us even further into that deep hole. It would be difficult to argue that this destruction of our freedom is not deliberate.

The Justices of the highest court in the land don their robes, they hear these cases, and they destroy the Constitution, amendment by amendment.

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Contributed by Daisy Luther of The Organic Prepper.

Daisy Luther is a freelance writer and editor who lives in a small village in the Pacific Northwestern area of the United States.  She is the author of The Pantry Primer: How to Build a One Year Food Supply in Three Months. On her website, The Organic Prepper, Daisy writes about healthy prepping, homesteading adventures, and the pursuit of liberty and food freedom.  Daisy is a co-founder of the website Nutritional Anarchy, which focuses on resistance through food self-sufficiency. Daisy’s articles are widely republished throughout alternative media. You can follow her on Facebook, Pinterest,  and Twitter, and you can email her at

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  • RickE.

    So you’re damned if you do, and you’re damned if you don’t!
    This pretty much covers it, from the perspective of the courts.
    This is straight out bullshit.

  • Todd C

    Oh man. I really wish these people would just understand that when they come for people of a certain mind set, and pull this crap, it will not end well.

  • So does this mean they can arrest me if I don’t first state “I invoke my right to freedom of speech” before I say something? What of this post? Since I didn’t start it by specifically invoking my right to freedom of the press, can I get in trouble? If I don’t scream out my door every time I leave my house that I invoke my right to bear arms, I can be arrested for carrying a gun? I wonder… If I start every email invoking my fourth amendment rights does that mean the NSA can’t store the data?

    How is it we have morons in our highest offices that don’t understand what a “right” is?

  • JR

    No 5th? Great! Lets start with freaking LOIS LERNER then

  • Heres the simplified version of what coming down the pike.If it isn’t illegal now soon every thing you do will be.Hope that helped a bit!

  • Andy

    The most conservative judges dissented on voting,which means that they are against the decision.But you can bet that the Chief Justice voted for it for them to have a majority,it goes back to the report that he was blackmailed by Boobama due to phone calls recorded by NSA.I don’t put a lot of credence in the liberal wins in the Supreme Court,I ignore their decisions.We the people are the ones that are supposed to hold the power in this Republic,not the idiots in DC.Be prepared and ready.Keep your powder dry.

  • THE SURMREME COURT,have always beTRAITORS and always will be,anything they say is TREASON,they know it,WE know it and the day will come when their hiding underground,AND THE LORD,says I’am going to fill their underground cities with LAVA,and BOILING HOT WATER,none of them will escape…good luck fagots and queers on the TREASONIOUS surpreme court……..YOUR GOING TO HELL..along with all your friends…………..

  • OH hey kids ,your being invaded,NATO troops are coming into america by the thousands every day,BETTER GET READY,your about to see your worst nightmare come true,NATO TROOPS KICKING DOWN YOUR DOORS,raping your women,and killing your children,GET READY,IT LOOKS LIKE JULY 4TH IS D-DAY for america…………..

  • Row Weil

    Between this, Obama NOT being arrested for what he’s doing in Syria, and the NSA spying Programs, it just dawned on me all over again that our Republic has completely stopped functioning.

    I hear rumors (RUMORS!) of foreign troops being ferried into the U.S. and staged at unmarked barracks by the thousands.

    I have a very deep feeling that SHTF is going to begin soon, and it will be an all-out Police State shooting Civil War.

    Get ready folks.

  • HowardBeale

    Congress should have cleaned house in the Supreme court long ago and has ignored its duty. It will all come down to We The People to rid the counry of the roaches that have settled in at all levels if the Republic is to survive.

  • Anonymous

    Well all that may be so, IF you consider it a privalege as the court says it is. HOWEVER, there are those of us, Who still are unshakable in our knowledge that what they describe as a privaledge is our UNALIENABLE RIGHT. AS IS SO STATED IN THE BILL of RIGHTS. I don`t see that any legislature or legislation has changed that . Piss on the court.