Giving your ID isn't giving up your fifth. The key is that you actually have to ASSERT your right vocally. Ironic as it is, SCOTUS says that simply remaining silent isn't actual exercise. First you must declare exercise and then you must exercise. Say you intend upon exercising your fifth THEN shush.
Take Illinois as example. If driving, you have NO CHOICE but to hand over license and insurance. My out have NO CHOICE but to undergo DUI tests too. Refusal to do any of these results in license suspension as part of the "agreement" to drive. But even here, vocally declaring the fifth means cops gotta suck it up. Nutin they can do if you know your rights....
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Giving your ID isn't giving up your fifth. The key is that you actually have to ASSERT your right vocally. Ironic as it is, SCOTUS says that simply remaining silent isn't actual exercise. First you must declare exercise and then you must exercise. Say you intend upon exercising your fifth THEN shush.
Take Illinois as example. If driving, you have NO CHOICE but to hand over license and insurance. My out have NO CHOICE but to undergo DUI tests too. Refusal to do any of these results in license suspension as part of the "agreement" to drive. But even here, vocally declaring the fifth means cops gotta suck it up. Nutin they can do if you know your rights....
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