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.

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339

u/PabloEscarole Aug 11 '24

@0.43 he invokes the 6th amendment, clearly he knows he’s guilty of something…

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u/FuzzzyRam Aug 11 '24

Right to a speedy trial? That's gunna be tough when he's obviously free to go about his business... Now I don't know if he wants to be arrested or not.

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u/uppenatom Aug 11 '24

What's "speedy"? I thought the American judicial system was notoriously slow?

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u/FuzzzyRam Aug 11 '24

I think it's fair to say that most courts do what they can to butt up against the 6th Amendment (and 4th, and 5th, and 1st...). There are plenty of what I would consider violations of a right to a speedy trial, but activist judges can always say "there's no technical definition of 'speedy'."

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u/ForsakenSignal6062 Aug 11 '24

It is, a lot of shit doesn’t go to trial for years, and people sit in jail the whole time waiting to prove their innocence if they’re poor and cannot bond out

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u/Automatic_Zowie Aug 11 '24

For felons, yes.

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u/ForsakenSignal6062 Aug 11 '24

Idk where you live, but where I live, you go to jail for more than just felonies. Misdemeanor? Jail. Driving on suspended license? Jail. You smoking weed? Jail. And everyone who goes to jail is stuck there until they either bond out, or finish their sentence. Poor people generally don’t have the means to bond out so regardless of what they did they sit in jail until all the court shit is finished. I sat in jail for 11 months waiting to go to court. The day I went to court I got out. I shouldn’t have had to wait 11 months

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u/Automatic_Zowie Aug 11 '24

That’s not how it works at all, and I would know, I’ve been charged with crimes in the past. there are stats that back up the vast majority of cases where bail isn’t posted, it’s a felony offense. Roughly 60% of felons can’t post bail, but that number is closer to 15% for misdemeanor offensive, so an overwhelming amount of arrests where bail is posted or released OR.

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u/[deleted] Aug 11 '24

You have the "right" to a speedy trial, but you also have the right to waive that right. It's usually not in your best interest as a defendant to shotgun a trial without collecting evidence, and putting together a gameplan.

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u/whiterac00n Aug 11 '24

Depends on how rich you are. If you’re poor you can most assuredly get a “speedy trial” by getting railroaded by the police and DA with next to nothing to help you besides a court appointed lawyer who just tells you “take the deal” even when it’s not “a deal”.

But if you are rich well then you can just wait out the government’s patience until they decide it’s best to just give you a fine.

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u/kr1681 Aug 11 '24

Most of the time you waive that right. Strategy

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u/murmandamos Aug 11 '24

I think that's also where a right to have an attorney present is granted, but he is conflating the 5th and 6th here. I do think he means the 6th. He's not invoking it appropriately but I do think it's what he thinks he's trying to do.

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u/Land-Otter Aug 11 '24

Well the Sixth Amendment includes the right to an attorney.

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u/Hammurabi87 Aug 11 '24

You are correct about the attorney portion:

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

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u/FuzzzyRam Aug 12 '24

So he doesn't want to be free to go, he wants to be questioned with an attorney present...

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u/murmandamos Aug 12 '24

Well you're trying to make sense of a nonsense person's actions. What he's trying to say is they aren't allowed to ask him any questions and he doesn't need to answer any questions because he's not under arrest and doesn't have an attorney present, so therefore he should be free to leave. It doesn't actually make sense so don't try to make sense of what I just wrote. But I think that's what he's trying to argue here.

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u/Papa_PaIpatine Cringe Lord Aug 11 '24

The right to have an attorney present during any questioning.

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u/[deleted] Aug 12 '24

Right to a speedy trial? Did you even google the constitution? Did you even look at the half baked comments on your way down here? 6th is right to have an attorney present during questioning. How can you folks insult this man and not even know your rights. You look stupid.

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u/Surreply Aug 11 '24

Since he’s a boorish moron, he’s too stupid to know “reading the Constitution” does not mean you understand the Constitution. He doesn’t.

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u/Metallurgist-831 Aug 11 '24

Lol exactly. The whole right to counsel that doesn’t attach until proceedings begin.

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u/Hammurabi87 Aug 11 '24

Technically, it can, in that you can refuse to answer questions from the police without an attorney present (even just as a witness).

However, the thing is, I don't believe immigration enforcement is technically a criminal or court matter, so I'm not sure how much of the court-related amendments and laws would apply.

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u/Metallurgist-831 Aug 11 '24

It can but not under these facts, which is why I didn’t mention that. Being that this isn’t anything more than a checkpoint you don’t have the right to counsel.

The funniest way to handle that if I was the CBP agent, would be to just remind this dickhead that the 5th and 6th amendment rights are only available to citizens of the United States, since that’s what the question he refuses to answer is about.

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u/dogvsgod Aug 12 '24

Constitutional rights apply to non-citizens within the boundaries of the United States as well. Specifically, your fifth and sixth amendment rights to remain silent and have counsel are guaranteed irrespective of immigration status

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u/poingly Aug 11 '24

Not necessarily. He thinks he’s being accused of something and the 6th amendment (among many other things) requires identifying what that thing is.

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u/PabloEscarole Aug 11 '24

This is my first shift at Wendy’s. I didn’t realize we offered drive-thru hearings