Probable Cause and the Right to Remain Silent

On Probable Cause, WHAT Evidence is required for a conviction, and why you should Shut Up!!! 

Courts allow hearsay if not rebutted, and if you talk, anyone within earshot is now a witness and if you’re Nutz if you believe everyone will recall every word you said with any accuracy or if you believe they can read your mind and know what you meant or intended to say. 

Kolender v. Lawson, 461 U.S. 352 (1983) = “In sum, under the Fourth Amendment, police officers with reasonable suspicion that an individual has committed or is about to commit a crime may detain that individual, using some force if necessary, for the purpose of asking investigative questions. They may ask their questions in a way calculated to obtain an answer. But they may not compel an answer, and they must allow the person to leave after a reasonably brief period of time unless the information they have acquired during the encounter has given them probable cause sufficient to justify an arrest.” . . . “When law enforcement officers have probable cause to believe that a person has committed a crime, the balance of interests between the State and the individual shifts significantly, so that the individual may be forced to tolerate restrictions on liberty and invasions of privacy that possibly will never be redressed, even if charges are dismissed or the individual is acquitted.”

461 US 352


This page created April 27 2019 – I’ll add more on this when time allows


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Probable Cause