An insurance adjuster from New Jersey was stopped for speeding in Tennessee. He had $22,000 in cash on him which was taken as per civil asset forfeiture laws in Tennessee.
Here is the take away from this video. A bit of free legal advice:
- ALWAYS PLEAD THE FIFTH
- NEVER CONSENT TO A SEARCH
- NEVER, EVER CONSENT TO A SEARCH
- NEVER, EVER, EVER CONSENT TO A SEARCH
- SEE RULES 1 THRU 4
According to Associate Supreme Court Justice Robert Houghwout Jackson, “Any lawyer worth his salt will tell the suspect, in no uncertain terms, to make no statement to the police under any circumstances.”
Watch the video below presented by a lawyer and a police officer to back me up on this.
I feel bad for this guy from New Jersey, but it was his fuck up. Tennessee is notorious for it’s bad civil asset forfeiture laws.
TN Officer: “Do you have any large sums of money on you?”
Dumb guy: “Around $20K.”
Smart guy: “I invoke my Fifth Amendment right to remain silent.”
TN Officer: “Can I search your vehicle?”
Dumb guy: “I’ve got nothing to hide, sure.”
Smart guy: “No.”
See the difference, it’s not hard.
Civil asset forfeiture needs to be stopped, it’s a gross violation of the 5th amendment.
I note that your “smart guy” is ALSO making statements to the police, so I guess the “make no statements to the police” instruction is non-operative. 😉
Per “Berghuis v. Thompkins” the smart guy has to at least declare his intention to remain silent, otherwise the police can take his refusal to answer as “not invoking his right to remain silent.”
The police are not your friends. Proactively invoke the Fifth early.
I keep an envelope with a statement (downloaded from automotive legal site) for the Fifth Amendment rights, requesting a lawyer, and non-consent for any search that I can give to the officer, so it will not be ambiguous in court later.
Mr. Branca, what do you suggest? And, yes, I’ve read your book. Good stuff.