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california-state-flagPlease do not read this article without acknowledging our First Amendment right under the U.S. Constitution.

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

The reason this article started off with the First Amendment to the constitution is because it would appear that we must now assert our constitutional rights before we’re entitled to them – according to the California Supreme Court.

rightnotsilentIn a bizarre and preposterous ruling, People v. Tom – California Courts, the first of its kind that we know of in the nation, you don’t have the right to remain silent before being informed of those rights.

If you are silent before being informed of your Miranda Rights the state has a right to assume and argue that your silence proves your guilt, so said the California Supreme Court in a controversial 4-3 ruling.

In short, your federal Constitution Fifth Amendment right against self incrimination, your fundamental right to remain silent has been nullified in the golden state.

Fifth AmendmentThe court actually ruled that a criminal defendant’s silence after the event for which he was charged with a crime was properly used against him in court to prove his guilt, and only after the cops arrested and then advised the defendant that he had a right to remain silent did he begin to enjoy the right without his silence being used against him as proof of his guilt.

 

This begs the questions:

Why is it ever necessary at all to advise the accused of the right to remain silent if he is already aware of it, exercising it, and remaining silent? Why should that right be a nullity until the cops formally advise of it? Why is there no right to remain silent before being advised of the right? Why isn’t the right always operative?

The fact is that suspects are usually not aware of their rights. That’s why the U.S. Supreme Court in Miranda v. Arizona ruled decades ago that police must advise of the right before questioning the suspect.

 

Deafening SilenceIgnorance is no excuse!

You as a citizen are expected to know all of the 29 Codes that consist of California law.

You are also now required to get intimate with your constitutional protections and, your constitutional rights appear to have no validity unless you assert them. You as a citizen are only entitled to your right to remain silent when you assert them by informing law enforcement that you have the right to remain silent before they read you your Miranda rights.

Much like your right to remain silent, you probably wont be entitled to protections against unreasonable or warrantless search either unless you assert those rights before the search commences. You probably wont enjoy freedom of speech protections and the media wouldn’t enjoy freedom of the press either unless they start out every article by citing the first amendment much like this article started out with asserting the rights under the first amendment. 

“The court today holds, against common sense expectations, that remaining silent after being placed under arrest is not enough to exercise one’s right to remain silent,” said Justice Goodwin Liu.

 

Related:

California State Legislature—Laws and Constitution

California Law consists of 29 codes, covering various subject areas, the State Constitution and Statutes. Information presented reflects laws currently in effect:

Business and Professions Code Civil Code
Code of Civil Procedure Commercial Code
Corporations Code Education Code
Elections Code Evidence Code
Family Code Financial Code
Fish and Game Code Food and Agricultural Code
Government Code Harbors and Navigation Code
Health and Safety Code Insurance Code
Labor Code Military and Veterans Code
Penal Code Probate Code
Public Contract Code Public Resources Code
Public Utilities Code Revenue and Taxation Code
Streets and Highways Code Unemployment Insurance Code
Vehicle Code Water Code

Resources:

Constitution of California

California Primary Law

California State Law 2014 All 29 Codes & Rules

People v. Tom – California Courts

Can the government use arresteessilence against them

right to remain silent

You Have The Right To Remain Silent (WARNING: May Not ..

Authority!:Remain Silent in California

Enforcing Constitutional Rights

Damages: A Remedy for the Violation of Constitutional R

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