United States citizens are guaranteed certain rights through the Fifth and Fourth Amendments of the constitution. We cannot legally be required to testify against ourselves and no one’s records or belongings may be legally searched or seized without cause. American police are trained in methods of deception, intimidation and manipulation to abuse these guaranteed rights in the name of the law.
Have you ever heard this question, “Do you know why I stopped you?” “Do you know why I am questioning you?” If you make a guess at why you were stopped or being questioned, in the police prospective, you confessed to a crime. If you answer you “voluntarily” confessed. The officer just got you to testify against yourself. The cop is not there to serve you or engage in a friendly chat. He or she is there fishing for an excuse to fine or arrest you and without any Miranda warning has just tricked you into confessing to a crime.
Now that you “voluntarily” confessed to a crime they can perform a warrantless search of your person for their protection. If you fail to comply after “voluntarily” confessing to a crime the implication is you have something to hide. From the officer’s perspective if you don’t have something to hide you should be happy to be subjected to a search of your person, vehicle or home. Due process has now been turned on its head as the cop has now put the burden on you to prove your innocence while implying that your failure to cooperate must be evidence of guilt. Now the officer has disregarded and circumvented the Fourth Amendment on unreasonable searches.
Police routinely violate the Fifth and Fourth amendments knowing that cops are unlikely to face any punishment for doing so. Usually all that happens is that any evidence obtained from illegal searches and “voluntary” confessions is the evidence is excluded from being allowed at trial.
The police can lie under oath, plant evidence, falsely charge people with resisting arrest, assaulting an officer or other illegal acts, knowing full well their fellow gang members – officers, prosecutors and judges- will almost never hold them accountable for their crimes. The general public will almost always presume the gang members are truthful while the accused are guilty.
In an attempt to reform criminal justice laws in Montana we have allowed Montana Senate Bill 63 to become law. This law facilitates plea-bargains so that illegally obtained evidence never has to face the light of trial. Yes, the officers, prosecutors and judges will never be held accountable under Senate Bill 63.
In an attempt to reform criminal justice laws in Montana we have allowed Senate Bill 60 to become law. This law allows for presentence investigations to commence even before the accused has had a chance to prove their innocence. Yes, under Senate Bill 60 the accused is guilty and must prove their innocence.
Before Montana can reform criminal justice laws, and reduce overcrowding in prisons and jails we have to reform law enforcement, judges and prosecutors.
Chief Justice Mike McGrath, Attorney General Tim Fox, Mike Batista, please set up a Commission on Law Enforcement, Judges and Prosecutors to study the tactics of deceit, intimidation and manipulations used to convict our citizens before passing any more useless legislation that continues to victimize our citizens.