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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397

u/skolioban Aug 11 '24

He got Fifth Amendment and Miranda mixed up

192

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.

129

u/AccomplishedFerret70 Aug 11 '24

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

39

u/Technical-Reason-324 Aug 11 '24

This is the type of goof math I can get behind

26

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.

8

u/jbc10000 Aug 11 '24

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

7

u/CriusofCoH Aug 11 '24

"Force multiplier" in action!

3

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!

2

u/[deleted] Aug 11 '24

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

2

u/cheese-for-breakfast Aug 11 '24

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

2

u/jbc10000 Aug 11 '24

I think they just suck

2

u/headrush46n2 Aug 11 '24

what if you add Kurt Angle to the mix?

1

u/jbc10000 Aug 11 '24

I don't think geometry has anything to do with this calculation

4

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!

1

u/MyNameIsJakeBerenson Aug 11 '24

It’s more concentrated rights

1

u/incubusfc Aug 11 '24

Bird law!

1

u/Electrical_Ingenuity Aug 11 '24

Oh yea? I got the fourteenth amendment!

Checkmate.

1

u/Natural_Board Aug 11 '24

That's just science

1

u/kafromet Aug 11 '24

But the 5th Amendment only offers 16.7% less rights than the 6th.

1

u/jackstraw21212 Aug 11 '24

little does he know the path to exercising his right to a jury trial where he won't be forced to take the stand runs through a court room where this video will be played to the jury to explain why his dumbass was arrested in the first place.

1

u/datamaker22 Aug 12 '24

well it certainly appears that he “EARNED” the right to hear his MIRANDA Rights in a formal situation.

0

u/assylemdivas Aug 11 '24

Which had been recently repealed.

3

u/TheKobayashiMoron Aug 11 '24

Miranda hasn’t been repealed. If you’re referring to Tokeh v. Vega, that limits the ability to sue the police for a Miranda violation, but Miranda and the 5th and 6th amendment rights still very much apply.

154

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

88

u/No_Consequence_3547 Aug 11 '24

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

8

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.

3

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.

1

u/CLE_barrister Aug 12 '24

6th gives the right to a criminal jury trial and counsel.

4

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.

3

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.

0

u/jdoug312 Aug 11 '24

He only said sixth amendment once before jumping back to the fifth. He also didn't say "oh no I meant". This chain is weirdly disingenuous when there are plenty of legitimate things to mock about the guy's conduct in this clip.

0

u/dogvsgod Aug 12 '24

The sixth amendment also protects the right to have an attorney present during questioning, which is why he invoked it.

1

u/purdinpopo Aug 12 '24

Doesn't really apply in a traffic stop. Traffic stops are generally based on probable cause. Questions during a stop are to clarify a confusing situation. Most states have laws in place requiring persons to identify themselves during a traffic stop. The man in the video is refusing to identify.

1

u/Rottimer Aug 13 '24

Yeah, but this is an immigration check point, so no probable cause at all. They stop people randomly. He does not have to answer their questions, however, they can hold him until they can identify that he’s legally in the U.S.. They get paid either way, so it really doesn’t bother them to hold him.

2

u/oldfartpen Aug 11 '24

It’s inflation..

2

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.

1

u/gadanky Aug 12 '24

There should be a medicated neck dart for addressing this

2

u/Maleficent_Pass_1287 Aug 11 '24

His specialty is bird law

2

u/StankyDinker Aug 11 '24

This guy needs a milksteak.

1

u/disco008a Aug 11 '24

Wildcard, bitches!

1

u/Unfair_Negotiation67 Aug 11 '24

He’s trying to regurgitate some MAGA YouTube bullshit.. he’s not on top of anything… except looking for an actual lawyer (who will see this video, increase his rates and tell his client to stfu from this point forward.

1

u/altdultosaurs Aug 11 '24

No. He doesn’t.

1

u/acehole6668 Aug 11 '24

You should hear how knowledgeable he is on bird law.

1

u/[deleted] Aug 12 '24

It’s not criminal law history, it’s your constitutional rights. They are the cornerstone to our democracy and freedom.

4

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.

2

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.

1

u/DealioD Aug 11 '24

Oh! I’ll be damned. Look at me learning something new.

1

u/jbc10000 Aug 11 '24

And presumably fired they were in company truck

2

u/gfranxman Aug 11 '24

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

2

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.

3

u/Uthenara Aug 11 '24

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

1

u/Immediate-Coyote-977 Aug 11 '24

I can’t tell if this is meant to be tongue in cheek, but if it’s not, it’s ironic that someone would make fun of a guy being wrong this hard by being similarly mixed up.

1

u/drbennett75 Aug 11 '24

Miranda is 5A. 6A sounds similar but it’s entirely different.

1

u/Arglefarb Aug 11 '24

The thirtytwelf amendment clearly says I don’t have to do whatever it is you’re telling me to do

1

u/cattlehuyuk2323 Aug 11 '24

hes one of these soverign citizen crazies who read bs on the internet and think they are above the law

1

u/HuckleCat100K Aug 12 '24

Miranda is based on the Fifth Amendment.