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Joined 11 months ago
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Cake day: March 3rd, 2024

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  • This is what SCOTUS found:

    “The court also held that the Fifth Amendment could allow a suspect to refuse to give the suspect’s name if he or she articulated a reasonable belief that giving the name could be incriminating.”

    In the situation that played out in the clip, had that been in the US,

    … it might be within the guy’s 5th Amendment rights to refuse to identify himself.






  • In the US, that would be alright except when he refused to tell them who he was.

    More generally, this depends heavily on the details of the interaction, and the US state where the interaction was taking place.

    In the “I don’t answer questions” clip, if it were in the US, the police probably did have enough to arrest the guy, however “The court also held that the Fifth Amendment could allow a suspect to refuse to give the suspect’s name if he or she articulated a reasonable belief that giving the name could be incriminating.” Since the officers were asking for a specifically named person, it might be within the guy’s 5th Amendment rights to refuse to identify himself. Would his not identifying himself as the person they were looking for make it so they couldn’t (shouldn’t) arrest him? Possibly, since they’re looking for someone with a specific name, and they don’t know that that guy is named that.

    Of course, you might beat the rap, but you can’t beat the ride.