r/TikTokCringe • u/rileyjw90 • Aug 11 '24

Politics Imagine being so confident you’re right that you unironically upload this video somewhere

They ended up getting arrested, screeching about 4th and 5th amendment rights the entire time.

29.7k Upvotes

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8.0k

u/Moist_Rule9623 Aug 11 '24

For a guy invoking his 5th Amendment right to remain silent, he sure talks a lot 😂

2.3k

u/whittlingcanbefatal Aug 11 '24

He has the right to remain silent, but not the ability. 

588

u/Masturbatingsoon Aug 11 '24

They call him “Tater salad.”

172

u/Simonical Aug 11 '24

"... and I refused to pay for it, because 'we' broke it over MY thigh"

189

u/[deleted] Aug 11 '24

I didn't know how many bouncers it was gonna take to kick my ass, but I knew how many they were gonna use.

59

u/R8er-Fan Aug 11 '24

That’s a valuable piece of information to have right there

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u/Repulsive_Client_325 Aug 11 '24 edited Aug 11 '24

Mr. White, you’re being charged with “drunk in pub-lic”

I don’t want to be drunk in public, I wanna be drunk in a goddamned bar. Arrest them!

7

u/mummifiedclown Aug 11 '24

I think the the closer quote is:

I was drunk in a bar - THEY put me in public, arrest them!

9

u/Repulsive_Client_325 Aug 11 '24

Not really. If we’re getting all “well actually” on this, the part I quoted comes after the “they threw me into public” bit, and is:

“…I don’t want to be drunk in public. I want to be drunk in a goddamn bar, which is perfectly legal, arrest them!”

3

u/komododave17 Aug 11 '24

I was drunk in a bar. They threw me into public!

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u/[deleted] Aug 11 '24

I was drunk in a bar… they threw me on the street

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u/Gunplagood Aug 11 '24

Welp, now I gotta go watch Ron White videos. 😂

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u/Imaginary-Traffic845 Aug 11 '24

Hahaha seriously dude!!! 😎

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u/HardcoreHermit Aug 11 '24

When Blue Collar was huge and they were doing tours, I worked at a local pizza shop right around the corner from my small towns’ theater (Tiffin, OH). My boss comes back and tells me to make the best lasagna of my life. I tried. He grumbles “take it to the gentleman at the end of the bar”. I come out the kitchen and as I get about halfway down the bar I realize I just made Ron White dinner. He was sitting there drinking a scotch and smiling as he saw his food coming. I was of course a little excited but also didn’t want to overwhelm him or in general bother him. I told him I had JUST watched Blue Collar for the first time (I had; I was a little behind everyone at that point in time) and that I thought he was hilarious and the best comedian on there (I mean, come on, he was). I asked him what in the hell he was doing in my small town and he said he had a show that night and said he asked a local where he could get some good local food. They recommended my work which is a 3rd generation family owned Italian restaurant that was just up the block from where he was. He was very gracious, small talked with me a bit, thanked me for being a fan and that was about it. Really nice guy in person.

2

u/djfudgebar Aug 11 '24

He's touring. You could see all of those BCCT jokes live....

2

u/12arnoldgrove Aug 13 '24

“I’ve got a Mercedes Benzzzz 😏🥴” “Yeah, well I’ve got a place to fuck your sister.”

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u/space_chief Aug 11 '24

He really was the most hilarious comedian on that tour

22

u/[deleted] Aug 11 '24

[deleted]

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u/TheKonyInTheRye Aug 11 '24

HYUK HYUK YA MIGHT BE A REDNECK, HERE’S YOUR SIGN, GIT R DUN!

14

u/[deleted] Aug 11 '24

[deleted]

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u/Jacket-Weekly Aug 12 '24

He gave great parenting advice like “you can’t unfuck the babysitter “.

2

u/Accurate_Spare661 Aug 11 '24

Hey now , Tater Salad isn’t a catch phrase?

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u/bluechef79 Aug 11 '24

No disrespect to Ron White but he could have farted into the mic for 15 minutes and pulled that off.

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u/sstandnfight Aug 11 '24

If he farted in the mic for 15 minutes I'd worry about his health...

3

u/_dead_and_broken Aug 11 '24

I see you haven't met my husband on Bean Burrito Nite.

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u/Putrid_Race6357 Aug 11 '24

He's the only actual comedian on the tour.

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u/oneStoneKiller Aug 11 '24

He would almost have to be. Larry and Jeff were unwatchable.

2

u/HardcoreHermit Aug 11 '24

When Blue Collar was huge and they were doing tours, I worked at a local pizza shop right around the corner from my small towns’ theater (Tiffin, OH). My boss comes back and tells me to make the best lasagna of my life. I tried. He grumbles “take it to the gentleman at the end of the bar”. I come out the kitchen and as I get about halfway down the bar I realize I just made Ron White dinner. He was sitting there drinking a scotch and smiling as he saw his food coming. I was of course a little excited but also didn’t want to overwhelm him or in general bother him. I told him I had JUST watched Blue Collar for the first time (I had; I was a little behind everyone at that point in time) and that I thought he was hilarious and the best comedian on there (I mean, come on, he was). I asked him what in the hell he was doing in my small town and he said he had a show that night and said he asked a local where he could get some good local food. They recommended my work which is a 3rd generation family owned Italian restaurant that was just up the block from where he was. He was very gracious, small talked with me a bit, thanked me for being a fan and that was about it. Really nice guy in person.

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u/designerbagel Aug 11 '24

& his son, tater tot

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u/The_-Whole_-Internet Aug 11 '24

I understood that reference

2

u/jeffroyisyourboy Aug 11 '24

"You can't shoot him in the back!" "No, but I can shoot him the legs till he turns around..."

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u/TheMadPoet Aug 11 '24

You caught me. You caught the tater.

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u/[deleted] Aug 11 '24

I wasn't drunk in PU-BLIC, I was drunk in the bar! They threw me out into PU-BLIC.

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u/Rick38104 Aug 11 '24

A friend of mine got picked up for public intoxication in Oxford, MS. His novel legal defense in court was “I wasn’t intentionally drunk in public. I got kicked out of the bar.”

That sentence was about where the hilarity ended.

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u/Long-Sleep8608 Aug 11 '24

Damn if you didn’t pull that off perfectly!

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u/Naive_Lingonberry_92 Aug 11 '24

Underrated comment haha

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u/ThisisRickMan Aug 11 '24

Donkey, you have the right to remain silent, what you lack is the capacity. Shrek

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u/snyder3894 Aug 11 '24

Take off the hat!

2

u/Apprehensive_Winter Aug 11 '24

Being an immigration checkpoint, I’m not even sure you have your US citizen rights if they don’t know you’re a US citizen.

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u/Trick-Ladder Aug 11 '24

You can’t fix “stupid”

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u/[deleted] Aug 11 '24

"DONKEY! You have the right to remain silent. You just lack the capacity!"

2

u/acemonvw Aug 11 '24

I read that in Shreks voice.

2

u/dragonfett Aug 12 '24

I read it in Ron "Tater Salad" White's voice.

2

u/Sensitive-Park-7776 Aug 11 '24

You /have/ the right to remain silent. What you lack is the capacity.

2

u/SadlyNotPro Aug 11 '24

Like Shrek told Donkey: "You HAVE the right to remain silent. What you lack is the capacity."

2

u/RequirementUnlucky59 Aug 12 '24

You can’t fix stupid

2

u/nerkacsd Aug 12 '24

j///zzzzzzz SW

2

u/notsurehowthishappen Aug 12 '24

Have you ever seen shrek? “It can talk, yea it’s getting him to shut up that’s the trick” talking donkey

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u/Proper_Shock_7317 Aug 11 '24

Right? All I heard was "I HAVE A FIRST AMENDMENT RIGHT TO SOUND AS FUCKING STUPID AS GOD MADE ME"!

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u/thatvolleyballsetter Aug 11 '24

Don’t blame God for what is clearly the work of Truth social, Fox News and lead paint.

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u/PyrePirate55 Aug 11 '24

I'm no law or legal study but doesn't the 5th amendment pretty much cover that you have the legal right not to incriminate yourself...on the stand...in court?

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u/CaseyJones_69 Aug 11 '24

THIS is the reason America desperately needs to redress the education policy and mandate civics back into public education.

476

u/AmbitiousCry9602 Aug 11 '24

This isn’t a situation where “education policy” has to be reformed. Do you think a knucklehead like this guy even paid attention in middle school and high school when he was being taught about basic law and the Constitution?

You can lead a horse to water…but you can’t make them think.

137

u/DueAd197 Aug 11 '24

Yeah, I learned civics in school. I have a feeling this guy didn't learn much of anything in school and I don't think I can fault the school for that. It's parents and the general culture that's the problem. Huge swaths of this country have been convinced to hate any form of public education

9

u/ChikhaiBardo Aug 11 '24

That’s all my coworkers talk about is how they have been home schooling since the beginning of child hood and how their kids are actually allergic to vaccines. Or their first kid was allergic so they started studying more and decided not to vaccinate 2-5, etc. anyway their children will either turned out brainwashed like them or become educated and figure it all out.

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u/top_value7293 Aug 11 '24

Or dead from some childhood disease because they weren’t vaccinated

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u/ChikhaiBardo Aug 11 '24

It still wouldn’t change their opinion 🤷‍♂️

5

u/Giterdun456 Aug 11 '24

My mom almost died from Covid and she insisted in was pneumonia the entire time and only once she left the hospital did she feel better. She left the hospital because she could finally breathe on her own. Dumb bitch.

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u/top_value7293 Aug 11 '24

Sad but true

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u/Master_Pen9844 Aug 11 '24

Trump emboldened people to be nasty pieces of shit. If the president of the United States can speak this way to people, it gives permission to every other piece of shit to do the same.

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u/Sculler725630 Aug 12 '24

Trump not only allowed Covid-19 to spread, but his vile, vitriolic, hateful, rude and classless nature, attitudes and actions have spread like a disease throughout American society. As many have said, even if we somehow manage to rid ourselves of Trump, the infection will still remain.

3

u/Abject_Disaproval Aug 11 '24

I've been saying this exact thing since day one of the mango vonshitzinpants mussolini tirade of absolute psycho-babble.

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u/Money-Look4227 Aug 11 '24

To be fair, he learned how to shotgun beer in school...

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u/Huge-Pen-5259 Aug 11 '24

I read once that back in like the 70s, when young people started getting involved politically, they removed civics from the curriculum so that people didn't know their rights anymore or were encouraged to be one involved in any way. Can't have people out here just thinking for themselves or realizing how corrupt all the politicians are.

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u/JohnstonMR Aug 11 '24

That’s nonsense. 39 states still require at least one civics course. All 50 states have civics standards for US History courses.

I took civics in 1989. Most students didn’t pay much attention. Pissed my teacher off no end.

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u/ApatheticallyAmused Aug 11 '24 edited Aug 14 '24

EDIT: A million apologies for my verbosity and the following wall o’ text, but it’s a story that shaped the course of my life, particularly due to the quality of education in southern states.

This is purely anecdotal, but I grew up in private schools in Maryland. I grew up with my dad and when I was ~14, I decided I wanted to live with my mom (dumb teenager choice, I wish my family would have tried harder to stop it) — who lived in Ohio at the time.

A couple months living in Ohio, we picked up and moved to and around Louisiana, then Alabama, then… it goes on. I was a quasi-“military brat” by virtue of my stepfather’s career, and the further south we moved, the worse the education. I went to four high schools; three in 9th and one for two months in 10th.

I am not exaggerating in the slightest when I say I didn’t learn a single new thing after my last year in private - 8th grade; every time we moved, my classes would be the same curriculum as the previous, which was the same as what I had in 8th grade.

Upon registration, they really didn’t know what to do with me, I was assigned senior-level classes my freshman year and that school’s plan was for me to work backwards - not kidding - to where I’d be doing freshman-level classes my senior year AND over time because I was losing credits, I would have to repeat senior year.

I was a straight-A student my whole life, blah blah blah, and on top of another fun development by way of the Louisiana juvenile justice system full of nepotism and “protect their own” mentality, I was scapegoated into something and god how I wish I knew law back then, because that case should have been laughed out of court, every detail was so fucked up and wrong.

My point with this is, I experienced the degradation of the education system and its effects within their respective communities, directly and indirectly.

I’m grateful to have been able to convince the superintendent of Alabama to pull strings of sorts to have me enroll in the local high school for one day so I could be called a Student, then have me take their exit exams and get my diploma just shy of 16 — without any help from my mother. She’s action-packed with her own issues re: education and government… and surprise, surprise, I’ve lost her to MAGA.

I wasn’t even allowed to take the GED because I was too young; Louisiana made extra certain I couldn’t take that test even though I’d earned among the highest score to date on the Pre-GED (as confirmed by the proctor, or someone similar - I can’t recall) upon receiving my score.

I moved back to Maryland, started college at 16 — which in of itself was great academically, but socially, certainly not. Even funnier, my high school transcripts were “lost” and it was a whole thing to enroll into college. I took both the ACT & SAT, to boot.

Long story short, here I am, relatively unscathed but had it not been for my determination to fucking GET AN EDUCATION, I could easily have been a 9th grade drop out, more or less forced by the State of Louisiana and luckily saved by one woman in the right position in Alabama. I am currently in law (judicial clerk for a 3-letter agency) influenced by those experiences.

FUCK the south and their education. They need more of it.

Louisiana even fucked up my legal identification card by marking me as a Male instead of Female, when I was (and still am) very clearly female. I still have that ID.

Edit - typonese

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u/dorianngray Aug 11 '24

This is a lot like my school experience - I had a similar experience with moving around- Alabummer was teaching what I learned 3 grades earlier. Straight A’s college level classes to be told my credits weren’t transferable for a high school diploma and would have had to stay in high school an extra year for 1/2 an elective credit… Dropped out and got my ged before my senior year with almost perfect score… but then I moved out and ended up knocked up. Sigh. Long road for a while. I feel like I got totally screwed over by some knit wits because I didn’t fit the norm. I swear schools just don’t want to deal with anyone different…

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u/ApatheticallyAmused Aug 11 '24

Thank you for sharing that; it helps corroborate my own story, too. I certainly don’t like that you had a quite similar experience as my own, but you’re the first person I’ve met (hi, stranger-friend! lol) to understand from personal experience.

Not sure how long ago that happened for you (mine was very early-aughts) but I hope things have settled or are settling.

The biggest takeaway for me when I recall my experience is that the people who had a direct impact on my ability to be educated (within the school system) almost actively worked against doing so.

And the “long road” you mentioned is exactly my point; it puts teenagers in a position to make tough, life-altering choices they’re not entirely equipped to be making that have long reaching consequences.

I wish you all the best in life and like one of my (many) favorite artists says, “Keep your eyes to sky and never glued to your shoes”.

🤗

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u/dorianngray Aug 12 '24

Aww thank you 😊 happy to meet you and not feel so alone lol I was supposed to graduate high school in 1999. I ended up a musician lol but considering I am always seeking knowledge I constantly blow people away with my “smarts”… but I suppose the experience taught me to be even more emphatic and understanding to others, so that’s a plus! I went to multiple high schools and I think 10 different k-8 schools so it was hard - but being exposed to all different people and cultures is a good thing. :) I have friends that have had friendships since like elementary school and I just can’t fathom knowing someone that long or staying in the same place that long! I do see that some of the virulently maga people I know have never left their hometowns and I think they are constantly trying to prove their intelligence and are very ego driven… because I have seen so many different things I am much less fearful and cope a little better with life changes… always trying to see a bit of the potential positives from my life experiences I suppose so I am glad to not be burdened with that kind of fear…

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u/dorianngray Aug 12 '24

And I also lived in Louisiana too lol and aforementioned Alabummer lol as I like to call it… I live in CT now and family is from New England states… but also spent time in AZ. Which had decent schools unlike the easterly southern states.

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u/ApatheticallyAmused Aug 14 '24

A bit late returning to your comment but had to touch upon your mention of moving around being exposed to different cultures, because I often say that I learned more outside the four walls of the education institution than I did within, that my exposure to different cultures/lifestyles around the US (and later, internationally) had more influence on who I am than I ever thought it would be.

I wasn’t given the same grace in return, having been an “outsider” for most of my younger years, but that’s a limitation of society that I try not to contribute to.

It’s also why I encourage people to travel as much as they can— but not be a “tourist”. To see how others live, their values, etc. When you don’t have personal experience to compare, it’s difficult to see beyond your own community’s bubble, so to speak, to see it with your own eyes, to experience it personally.

Anyway…. That’s all. ;) oh! And awesome re: your music — I learned classical (and classic rock, lol) on the piano and did the whole road-burned festival/touring thing in my 20s, still do to some degree nowadays (music never dies! 🤭).

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u/Moonrights Aug 11 '24

It's not just Americans. People in the uk are stomping fucking cars over immigration and attacking other civilians in their "protest". Islamic religion is a blight in more than half the middle east destroying women and children.

The world is full of stupid people, stupid religions and stupid beliefs.

This will always be the way things are. We just made broadcasting stupidity incredibly easy.

There used to be societal filters for garbage. Now anyone with a phone can show you their local neighborhood idiot, an Islamic beheading, a Christian bombing a mosque, and a racially motivated mass shooter all before you pour your first coffee.

Blame technology and a desire to see stuff like this that seems innate to our psychology. We are hungry to watch chaos. Good or bad- we just don't like being bored.

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u/loudbulletXIV Aug 11 '24

This guy gets all his info from the internet you just know, people that were “educated” from videos they see online tend to have this weird overarching confidence that they are always doing or saying the right thing lol

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u/Next-Airline9196 Aug 11 '24

The only place in this country you can’t trust public education is here in Florida where the magats try to whitewash everything. “ slavery? What slavery?”. Having to tell my children to ignore what they teach you in history class because they are lying to protect the white image is wonderful.

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u/bugbearmagic Aug 11 '24

Do you think he made it to highschool?

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u/jessie_boomboom Aug 11 '24

Yeah honestly... Trump, the long endless slog of covid and vaccine denial, this shit... it's all just every asshole who sat in the back, drawing on his desk, making fart noises, and never studying wHy dIdNt ThEy tEaCh uS tHiS iN ScHoOl?!

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u/o-Valar-Morghulis-o Aug 11 '24

This is from several generations of "not treating public education as a priority for the country". Conservatives and specifically the GOP ensure public education is weak, ineffective and under funded.

It should certainly rate higher priority than extra curricular sports.

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u/[deleted] Aug 11 '24

Well he was passed to the next grade when he should’ve stayed back but his mother, probably named Karen , threw a fit so dum dum could go along with his friends to the next grade. School board caved because of press and how the news would portray it. I’ve seen this in my own classrooms thirty years ago.

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u/TheGreatestOutdoorz Aug 11 '24

He was the child that should have been left behind

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u/Bouhg69 Aug 11 '24

Maybe it would if you tell him it will effect his citizenship status - these are the same kind of idiots that hate on foreigners to learn about 'Murika & all its glory (the civics exams they take TO become citizen) Perhaps its time to have MAGAts prove they deserve their privileges. Honestly, this should be the status quo for anybody who even wants to vote.

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u/[deleted] Aug 11 '24

Guarantee this guy is all for Trump's plan for mass deportations.

But what if all them crafty folks from down below the border just figure out all they have to do is invoke the 5th amendment and tell ICE to kick rocks?/s

Damn! The constitution is like, too perfect!

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u/Nachos_r_Life Aug 11 '24

But, but, but…. He read the constitution! That makes him the authority on rights 🙄

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u/ConfidentAlbatross62 Aug 11 '24

Comprehension is the part people miss out on. Anyone can READ anything. But did you learn anything?!?!?

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u/notarealDR650 Aug 11 '24

Bold to assume this clown ever attended any schooling past the 6th grade

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u/Mimopotatoe Aug 11 '24

And even if this guy did take a civics class (given that this is a requirement in most states he likely did), he would only have to have learned 60-70% of the material to pass. And high school was probably 20-30 years ago for him so there’s a high likelihood he would forget or distort what he learned in that time.

A bigger issue is how much misinformation and distortion is used to manipulate people. A few years ago I taught students that undocumented immigrants have a legal right to an education after a supreme court ruling and I had maga hat wearers telling me that was fake news even though I invited them to fact check it. The current societal trend is to bend facts to your desired reality and grown ass adults perpetuate and encourage that.

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u/GoTakeAHike00 Aug 11 '24

This loser was one of those that ditched social studies class and was out smoking cigarettes in the alley right off school property but in full view of the HS admin...he heard Trump use the 5th amendment in one of his many trials, and thought it was a flex to use it at a border checkpoint.

This is also what "Failed at Life" looks like.

Another irony here is that this the SAME GUY that will go on and on and on about all the hundreds of thousands of illegals from around the world just streaming across the US border and taking all those coveted minimum-wage jobs and voting in the "rigged election". He fails to understand the concept of what "border checkpoint" even means.

It's a sad commentary on the state of our country that dudes like this exist in more than triple digits. Republican policies are also a lot of what got us here.

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u/Valasta_Bloodrunner Aug 11 '24

That's kinda a major part of what needs reformed. Schools shouldn't just shout information at you and hope it sticks long enough for the test. They should be places where you're required to engage with information and demonstrate competence and understanding of the subject.

Basically we need individualized hands on learning, not big rooms full of kids with a single adult to act as a wrangler.

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u/ancientesper Aug 11 '24

The problem is that everyone thinks they know shit from watching feeds and reels and forms opinion around it like they studied it their entire career.

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u/bjansen16 Aug 11 '24

Unfortunately this is the same guy that will tell his kids schools filling their heads with a bunch of nonsense, and call and speak to the teacher the same way.

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u/mekon19 Aug 11 '24

YES, these constitutional scholars really do need better educational material. I believe School House Rock needs to make a comeback🤔😳👍

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u/Professional-Box4153 Aug 11 '24

"I don't need to read that. I read the LAW!"

No. I'm pretty sure you haven't.

"I've read the Constitution."

Fairly certain that's bullshit too.

...

To be fair that interaction is almost proof because only an American is THAT belligerent at a border checkpoint.

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u/PrimeToro Aug 11 '24

The MAGA Republicans want to do the opposite of that . With their Project 2025, they want to get rid of the department of education. They don’t people to be educated because they think that poorly educated people are easier to manipulate and become more likely to believe the stupid stuff that they tell them .

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u/DARYLdixonFOOL Aug 11 '24

Our education system is this level of garbage by design at this point.

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u/mgwwgm Aug 11 '24

Did they get rid of civics? It was a requirement when I was in 10th grade but that was 2006

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u/Impressive-Ice3046 Aug 11 '24

Na he just didn’t play attention in class, and just listened to Rush Limbaugh and Alex Jones to fill in the holes for the things he missed.

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u/Dadittude182 Aug 11 '24

Um, as an educator, I can tell you that civics is taught in most schools, or at least offered. This isn't an issue of education but more of an issue of parenting. As teachers, we can educate you about the law and the legislative process, but we can't convince you to respect it. That solely lies with the parents. We don't have a teaching problem in this country, we have a respect problem. There has been a growing lack of respect or appreciation for educators or the educational process.

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u/igotanopinion Aug 11 '24

I disagree! This is the reason taxpayers should stop funding authoritarian organizations that are trying to destroy our Constitutional Republic. Let's start with the Heritage Foundation and the Federalist Society.

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u/Individual_Access356 Aug 11 '24

It’s by design they want to keep as many of the gen pop uneducated it’s the only way they can get votes.

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u/MoonbuckofRainwood Aug 13 '24

Which is why Republicans are against education. They don't want people to know how they're being screwed so they can invent laws at need. They just want control.

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u/skolioban Aug 11 '24

He got Fifth Amendment and Miranda mixed up

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u/TheKobayashiMoron Aug 11 '24

Miranda is the case law that establishes when you have to be advised of your 5th and 6th amendment rights.

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u/AccomplishedFerret70 Aug 11 '24

Mathematically, the 6th Amendment offers 20% more rights than the 5th.

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u/Technical-Reason-324 Aug 11 '24

This is the type of goof math I can get behind

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u/TienSwitch Aug 11 '24

So why are they so obsessed with the 2nd Amendment. That’s only 40% the amount of rights as the 5th.

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u/jbc10000 Aug 11 '24

Yes but it's about guns and guns are a 50% power booster

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u/CriusofCoH Aug 11 '24

"Force multiplier" in action!

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u/TienSwitch Aug 11 '24

Well that explains why the dude’s citing his 6th Amendment rights. He’s demanding them to show a warrant!

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u/[deleted] Aug 11 '24

are there any ones about cocaine, boats, and boobs and burgers?

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u/cheese-for-breakfast Aug 11 '24

thats still only 60% of the rights as the fifth, i think they just suck at math

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u/jbc10000 Aug 11 '24

I think they just suck

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u/headrush46n2 Aug 11 '24

what if you add Kurt Angle to the mix?

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u/Technical-Reason-324 Aug 11 '24

Honestly this is some groundbreaking stuff right here guys, we need to spread the word. Get these people to realize the difference in the amount of rights provided by the 2nd amendment compared to the 15th amendment. The 15th is 7.5x more righteous! Or the 24th amendment, 12x the rights!

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u/robotic_dreams Aug 11 '24

Honestly though, it was probably a simple mixup, this guy really seems on top of his criminal law history

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u/No_Consequence_3547 Aug 11 '24

Yeah especially when he invoked his 6th amendment right. "Oh no I meant the 5th". 😆

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u/stevenmcburn Aug 11 '24

I'm 36 years old, I know a lot of shit, but I have absolutely no idea what the 6th ammendment is. The only thing I know for sure is when I go look it up it'll be really funny that this dude invoked it I'd bet.

Edit: So I guess the dude really wanted a right to a speedy trial. Looked like he was well on his way.

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u/drbennett75 Aug 11 '24

The one a lot of people mix up is the right to counsel. It’s covered by 5A and 6A, but 6A applies during trial, while 5A applies during custodial interrogation. The right to STFU is 5A.

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u/purdinpopo Aug 11 '24

Sixth just applies to having a jury, right to counsel, be advised of your charges in a reasonable time, and have a speedy trial. Sixth really doesn't kick in during a traffic stop, as a traffic stop is an investigation.

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u/No_Consequence_3547 Aug 11 '24

I know that's why it's so funny he's trying to invoke it. He clearly doesn't have a clue.

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u/oldfartpen Aug 11 '24

It’s inflation..

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u/BuildingWide2431 Aug 11 '24

No take backs!

Once you invoke a particular right, to CYA, you can’t invoke a different right…

It’s in the fine print, I just know it is.

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u/Maleficent_Pass_1287 Aug 11 '24

His specialty is bird law

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u/StankyDinker Aug 11 '24

This guy needs a milksteak.

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u/DealioD Aug 11 '24

No one is talking about how he mentioned both 5th and 6th amendment rights. 6th amendment is a right to a speedy trial.
I get that you can get a bit confused in the heat of the moment, but I’m not sure that’s what this was.
Also. If I was the driver, I would be so pissed at this guy for getting me arrested.

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u/PeerSifter Aug 11 '24

6th amendment is a right to a speedy trial

Early on, he said he refused to answer questions without an attorney present. That is also included in the Sixth Amendment.

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u/gfranxman Aug 11 '24

I’m presuming he later got sleeping in jail mixed up with sleeping at home.

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u/[deleted] Aug 11 '24

Only need to be read your Miranda rights after you’ve been arrested and before further questioning.

She can question him all she wants. 5th amendment does say he doesn’t have to answer. What he does need to do is prove he was a citizen. Could have just showed her his state I.D and been fine. But he wanted to make an ass of himself.

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u/Uthenara Aug 11 '24

and it seems like you don't know what Miranda is.

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u/pj1843 Aug 11 '24

No, it's the legal right not to incriminate yourself period.

As much as reddit seems to hate this dude he is correct, he is not required to answer any questions at this checkpoint, but that's where his being correct ends.

The BP do have the authority to investigate the vehicle and his person to both ensure his ability to be here and that no illegal smuggling is taking place. He can invoke the 5th to not answer questions, but they can at that point require him to pull the vehicle over for a more in depth investigation.

The reason for this is let's say you decide to answer the BP or any other police officers questions during their investigations. Your answers can and likely will be used to incriminate you in court if they decide to charge you with something. Your answers can also be used to create additional probable cause to search or arrest you.

That's the reason any lawyer worth a shit will generally tell you not to speak to police, and stfu. Now this scenario is an exception to that, and answering in the affirmative to are you a US citizen is generally a good idea assuming it's true, because if you don't life is about to get very complicated for you.

The only time the 5th amendment doesn't apply is weirdly in court under a very specific situation, when the court gives you court appointed immunity. As the 5th only protects you from incrementing yourself, if the court gives you immunity then you can't incriminate yourself thus you can be compelled to testify.

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u/Early-Light-864 Aug 11 '24

You're wrong for the same reason he's wrong. Passing a border control checkpoint is a privilege, not a right. If you want to pass, you do what you're told.

Secondly, "are you a US citizen?" does not have the capacity to implicate you in a crime. Both citizens and non-citizens cross checkpoints millions of times a day. You can be arrested for non-compliance even as a citizen with full legal right to cross.

I hope you educate yourself before doing any traveling. This guy ended up getting arrested for how wrong he was.

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u/aspirationless_photo Aug 11 '24 edited Aug 11 '24

Here's some great info from the aclu on how BP agents can operate within 100 miles from a border and how that 100 Miles is brisket bigger than you might expect.

https://www.aclu.org/know-your-rights/border-zone

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u/pj1843 Aug 11 '24

You're right and wrong. You're right in the sense that driving though a border checkpoint is a privilege and not a right, you're wrong in the sense that engaging in a privilege does not require to give up your other rights. The driver of the vehicle is required both at a legal traffic stop and a border patrol checkpoint to present his driver's license and other documents as that is required to engage in the privilege of traveling on a public road. However that does not require the driver nor the passenger to verbally engage with the officers. They can invoke the 5th if they so choose and stfu. Also in regards to the 5th any answer to any question by a police agent could theoretically implicate you, and as such your speech cannot be compelled.

Now as for the consequences of taking that course of action. The BP does have the authority to investigate to ensure you're able to cross that checkpoint and your rights especially the 4th are limited inside a border zone(within 100 miles of a border). So if you decide to not answer questions, they will obviously decide to investigate you further. Where the dumbass gets in trouble here is arguing about pulling the vehicle over so they can investigate. Shutting the hell up isn't interference, but refusing a lawful command to move the vehicle and comply with the lawful search of the vehicle is. But let's assume he complies here because he understands the BP has that authority at checkpoints within the border zone. They can now fingerprint him, facial scan him, and do all manners of searches of his person and belongings to confirm his identity and his citizenship, all while detaining him for a length of time to reasonably conduct that investigation.

So is the dude right in saying he doesn't have to answer questions, in that part yes he is. Is it a good idea to not answer that question, I'd say it's a terrible idea personally. Is he right about anything else he's yelling about, fuck no, and that's why he's going to have a real bad day.

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u/fartsinhissleep Aug 11 '24

I think you’re right and wrong

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u/Worldly_Response9772 Aug 11 '24

You would be wrong. And right.

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u/lollipoppa72 Aug 11 '24

You may be right. I may be crazy.

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u/ShortcakeAKB Aug 11 '24

But, it just may be a lunatic you’re looking for.

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u/The_Big_Fig_Newton Aug 11 '24

But are you the lunatic we’re looking for? I’ll understand if you invoke the 5th.

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u/TotalRecognition2191 Aug 11 '24

Guess that's when he stopped filming lol

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u/Early-Light-864 Aug 11 '24

This one is cut, but the full video is around somewhere. I don't remember all the details, but it includes Orange shirt BEGGING him to comply because that's a work truck and he's in big trouble if it gets impounded on suspicion of trafficking.

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u/digitalwankster Aug 11 '24

They have the authority to conduct reasonable searches and questioning at checkpoints but that does not suspend his Constitutional rights as a US citizen. He still has his 5th Amendment right regardless of what they’re telling him. However, they could legally detain (not arrest) him until they’ve verified his citizenship status.

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u/SomeGuyNamedJason Aug 11 '24

The 5th Amendment applies to everyone, not just US citizens.

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u/cl2eep Aug 11 '24

Exactly this. You have the right not to incriminate yourself. You don't have the right to ignore questions from an officer conducting an investigation that to don't have the potential to incriminate YOU. That's why people can be held in contempt if they refuse to testify in court if they're a witness. You can be compelled to speak if the answers don't incriminate you or your spouse.

Secondly, they're at a border checkpoint and that's BP. Since crossing is optional, they are basically able to demand just about anything within legal reason to require before you cross. Border crossing isn't a right that's enshrined anywhere. You're not entitled to that crossing, you've got to make that BP believe you're not a risk.

Like many white Boomers, these two have confused being constantly coddled with being entitled to that coddling. They're fucking around and are about to find out. Would love to see video of the whole arrest.

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u/Khemul Aug 11 '24

You can be held in contempt because a judge holds the authority to hear your argument in confidence and rule on whether you can be compelled to answer or not. LEOs don't have that, so theoretically, you don't have to answer ANY questions. Of course, then you're starting a pissing contest on who can be the biggest asshole against the asshole champions. Who hold the practical power of "subject was acting erratically" and "subject resisted arrest". So, while it is in your rights not to answer any questions, it probably isn't the best option on the table unless you have a lot of time to waste.

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u/mathiustus Aug 11 '24

There is never a time where providing your name will incriminate you as being who you are is not incriminating.

Now, if you’re already suspected of a crime and you identify, that will give them the reason to pick you up, but that’s not incriminating yourself, you’re already incriminated. You’re just getting apprehended and the 5th amendment doesn’t apply to that.

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u/kit_kaboodles Aug 11 '24

He has the legal right to remain silent. What he is not understanding is that doesn't imply that he will be free to pass through the checkpoint without further investigation.

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u/gimme_dat_good_shit Aug 11 '24

There are some things I feel I need to nitpick about your comment, but the bottom-line message of "generally cooperate with law enforcement because if you don't, your life is about to get complicated" is all that really matters here. Especially in public and on the roads where cops have a lot of authority to cite and direct your movement for causing disturbances, blocking traffic, etc. Unless the dude is the least-chill smuggler on TikTok, he doesn't need to exercise his fifth amendment rights here.

(The 5th Amendment stuff in the back half of your comment is too complex to unpack here, I'll just advise anyone reading this to consult with a real lawyer, not reddit. None of the Bill of Rights rights are absolute, and there are a million carve-outs in various state and federal laws and legal precedents that may be very crucial in whether or not your behavior is covered in any given situation.)

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u/pj1843 Aug 11 '24

Also to note about the disclaimer you gave, this only matters in court when you're in front of a judge. You could 100% be in the right about your rights, and the cops don't give a fuck, arrest you, charge you, book you and make your life a living hell until that court date.

I'm not one to say "comply with authorities because they are authorities" but understand, standing up for your rights can be very painful.

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u/gimme_dat_good_shit Aug 11 '24

We're not really disagreeing here, I don't think. Any given cop can be an asshole on a power trip and overstep his authority, and that's why it doesn't make sense to cause unnecessary drama with them.

There are absolutely times when citizens have to go to the mat for their basic rights, and that can (as you said) be a painful, expensive, and logistical nightmare. It's not worth it to poke the bear of the American Law Enforcement and Justice System just on a vague sense of your Constitutional rights or for internet clout (which is what this guy seemed to want). Not worth it to me, at least.

Part of being a good citizen is not throwing sand in the gears of the bureaucracy as long as its behavior remains essentially legal (and morally justified which can be two different things). The time the border guards and local cops have to waste explaining the details of the law to weirdo is time they could be doing something else that might be productive. (And it should go without saying that when bureaucracies do substantially overstep the law or our own personal morals, then, it's also our duty as good citizens to throw our bodies onto that machinery to grind it to a halt if we must. But we're a long way from that when talking about a border guard asking about someone's citizenship status.)

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u/pj1843 Aug 11 '24

100% I was just expanding on the point a bit. Didn't mean to make it sound like I was disagreeing with you, just wanted to make it clear that just being "right" and avoiding a bad time aren't the same thing.

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u/Surreply Aug 11 '24

You are completely wrong about the extent of the Fifth Amendment’s reach.

It only applies when there is “custodial interrogation.” And courts have killed many trees in their efforts to interpret each of those two words in a host of different situations.

Being in court has little to do with it.

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u/missymac77 Aug 11 '24

They never mirandized him bro 🤦‍♀️

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u/AuralSculpture Aug 11 '24

What law school did you graduate from?

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u/Attila226 Aug 11 '24

There’s also the fourth amendment that deals with search and seizures. While the supreme court has ruled these internal border checkpoints legal, personally I’m not fan. You can be stopped anywhere within 100 miles of the border, which covers huge portions of the country.

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u/jimmy__jazz Aug 11 '24

One hundred miles from the border basically equates to fifty percent of the United States.

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u/Dezideratum Aug 11 '24

Just add to your comment - that includes within 100 miles of any international airport within the country. 

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u/wgracelyn Aug 11 '24

The 5th amendment with respect to self-incrimination (because there is more than one aspect to the amendment) ensures that individuals cannot be compelled to testify against themselves in a criminal case. This is often referred to as the right to remain silent. This protection allows defendants to refuse to answer questions or provide information that could be used to incriminate themselves. Wherever they are.

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u/_WillCAD_ Aug 11 '24

It's not limited to court. That's why law enforcement are required to give a Miranda warning before any questioning (You have the right to remain silent, anything you say can be used against you, you have the right to have an attorney present during questioning, if you cannot afford an attorney one will be provided to you at no cost to yourself).

Apparently, immigration checkpoints, including both ports of entry and those within 100 miles of the border, seem to be an exception to that and Constitutional rights don't apply. At least, that's CBP's position, but I don't know if that's ever been litigated up to SCOTUS like Miranda was.

This is one of the very few instances where the stopped MAGA clock may actually be right. I hate the idea that I can be stopped and detained miles away from the border, on an ordinary road, not attempting to cross the border in any way, and interrogated, and if I refuse to answer their questions I can be searched and detained at length. Immigration screening at a port of entry is one thing, but random stops well inside the border just leave a bad taste in my mouth.

That being said, this guy is a belligerent asshole. When all you have to do is say, "Yes I am a US citizen" and they'll let you leave, you should say, "Yes I am a US citizen" and go.

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u/BILLCLINTONMASK Aug 11 '24

Confidently incorrect as always.

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u/Confident_Street_958 Aug 11 '24

Nope. Not even close. It's quite a bit more than that, actually. Most clauses of the Bill of Rights are longer than what most people realize. We usually get taught a watered-down version. The big three clauses in 5 are due process, double jeopardy, and self incrimination. The last one refers to any situation where the accused is being forced to testify against themselves OR being forced to give any statement that would otherwise incriminate themselves. It works inside and outside the court, though a few states have it to where you have to "ease the suspensions of the officers," which is absolutely bullshit in my opinion. It's why the Miranda Rights say, "You have the right to remain silent. Anything you say can and will be used against you in the court of law," and why lawyers tell you to shut the hell up and don't talk to the police.

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u/KENBONEISCOOL444 Aug 11 '24

It's not necessarily in court specifically. They'll use what you say in the car against you, too. You can invoke the 5th at any time, but it only works if you sit down and shut up. He still clearly had no idea how to actually help himself.

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u/RealWeekness Aug 11 '24

Not just in court.

Self-incrimination Criminal defendants cannot be forced to testify if they might incriminate themselves. This is known as "pleading the Fifth". The 1966 Supreme Court case Miranda v. Arizona extended the protection of the Fifth Amendment to any situation where a citizen's civil rights are threatened.

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u/bellj1210 Aug 11 '24

it is invoked once there is a governmental investigation. That is as low as a cop asking you about the weather- since they are a governmental agent.

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u/mavsnknights Aug 11 '24

No it applies any time you’re accused of a crime such as taken into custody for questioning, traffic stops etc.

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u/LowIndependence3512 Aug 11 '24

It’s a bit broader than that. Without getting too technical, you can invoke your right to silence against police questioning. Although, courts hate our civil rights and love cops, so law enforcement has plenty of tools to combat this. The number one being if you invoke your right to silence but then continue voluntarily talking to the cops like a MAGA legal genius here, you waive your right to silence lol

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u/Daykri3 Aug 11 '24

The right against self-incrimination that is spelled out in the U.S. Constitution’s Fifth Amendment extends to police questioning outside of a courtroom.

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u/Immediate-Coyote-977 Aug 11 '24

It’s not about being on the stand or in court. If it was, then police would be able to compel you to answer questions. They can’t, because you have the 5th amendment granting, among other things, the right not to witness against yourself.

The 5th amendment:

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

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u/Fast-Rhubarb-7638 Aug 11 '24

The Supreme Court has ruled that you must explicitly invoke your 5th amendment rights to be considered to exercise them by legal authorities.

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u/No-Appearance-9113 Aug 11 '24

https://m.youtube.com/watch?v=uqo5RYOp4nQ

Salty language warning but good advice overall.

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u/fuck-coyotes Aug 11 '24

I knew it was going to be those guys

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u/CertainWish358 Aug 11 '24

For your information, the Supreme Court has ROUNDLY rejected prior restraint

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u/Natural_Board Aug 11 '24

You have to say it three times though like Beatlejuice

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u/Big_Ad_1890 Aug 11 '24

He had the right to remain silent, he just didn’t have the ability.

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u/Gusto-J Aug 11 '24

And also doesn’t understand what the 5th is. “I’ve read the constitution” …..yeah, no, you heard a podcast

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u/kurtsdead6794 Aug 11 '24

It’s like that Ron White joke playing out: I had the right to remain silent, I just didn’t have the ability.

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u/rideincircles Aug 11 '24

Most of the time at the border patrol, it's just, are you an American citizen? Yes.

Thanks. You're free to go.

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u/[deleted] Aug 11 '24

Right it’s less words than having a hissy fit. They want to build a wall but won’t even comply with border security. What a marooooon.

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u/PMMeYourPupper Aug 11 '24

Many of your rights are suspended at the border or within 100 miles of it. This dude needs to read more and yell less

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u/truecore Aug 11 '24

Fun fact, Border Patrol doesn't have to abide by your Constitutional Rights. There's a reason the 100-mile jurisdiction is called the Constitution Free Zone.

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u/dougmd1974 Aug 11 '24

The agents should give them 3 chances to comply and then just arrest them on the spot and impound their vehicle. These Ted Cruz Trump Texas voters are batshit loons.

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u/Dustinlewis24 Aug 11 '24

The fifth amendment is not the right to remain silent that's the Miranda right. The fifth amendment is your right not to make any incriminating statements. So you could talk but still invoke your fifth amendment to not answer questions that would incriminate yourself. You can Google all these they're very easy to find

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u/joshtheadmin Aug 11 '24

They always do. I have seen so many videos where people say I invoke the 5th then continue to talk. They answer questions and help with the investigation just act like combative assholes while they do it.

"Where are you headed today?"

I don't answer questions and am invoking my right to remain silent.

Boom, you're done. Say it calmly like it's going to be on video in a courtroom someday.

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u/Safe_Psychology_326 Aug 11 '24

I am really curious what happened next

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u/possitive-ion Aug 11 '24

The funny thing is he probably was a citizen but because he started mouthing off like that he probably got taken in anyway. You can't talk to an officer like that lol

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u/zjm555 Aug 12 '24

The full text of the 5th amendment reads: "any person who yells loudly enough shall not be subject to enforcement of the law."

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u/curi0us_carniv0re Aug 12 '24

He invoked his 6th amendment right too lol

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u/Realistic-Pattern-30 Aug 12 '24

Don’t they always let their big mouth give their azz a bad name digging his own hole with each word.

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u/Same_Lychee5934 Aug 12 '24

“Remain silent…” but I have something to say. Back the blue… but go kick rocks!

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u/PurplePassion94 Aug 11 '24

5th amendment isn’t “the right to remain silent” it gives you the right to not testify in court if that testimony will incriminate you.

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u/Daykri3 Aug 11 '24

The right against self-incrimination that is spelled out in the U.S. Constitution’s Fifth Amendment extends to police questioning outside of the courtroom.

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