The right to remain silent

"There are times when silence has the loudest voice.” -- Leroy Brownlow

The people of Mille Lacs County are still questioning some issues in the case of the Mille Lacs County Undersheriff misplacing his county issued law enforcement weapon while on duty. The weapon was found in a public restroom, right where the undersheriff left it. The Glock was found by a concerned citizen, who turned it in to the Milaca Police chief later that day. The citizen has chosen to remain anonymous.

"We the People ... "

Those are the first three words in the Constitution of the United States. It was written in 1787, ratified in 1788, and in operation since 1789. The United States Constitution is the world’s longest surviving written charter of government.

For over two centuries, the Constitution has remained in force, in part due to the ability to adapt to meet the changing needs of an evolving society. Thereby came amendments to the Constitution.

The fifth amendment says in part, "no person shall be held to answer for a capital, or otherwise infamous crime, unless presentment or indictment of a Grand Jury ..."

Ok, so what that means is people have the right to remain silent. In fact, the fifth amendment became ingrained into common law legal systems following the American Revolution. The case of Miranda v. Arizona in 1966 established the now famous Miranda Warning which extends the fifth amendment to include pre-trial questioning and investigations.

Every person has the right to not answer questions from any government agent. That includes law enforcement officers. Of course, there is the chance that by not answering questions, one might question the reasons why and suspicions might arise.

Mille Lacs County Sheriff Brent Lindgren has been quoted in the Mille Lacs County Times saying, "An investigation does not make a criminal. It only reveals the truth."

That sounds good on paper. But the next line he says, "If you haven't done anything wrong, the investigation will prove that, so there is no reason not to cooperate."

My thought is except that you have the right not to answer any questions, if you so choose. The Constitution gives you that right.

Lindgren added, "If the police chief and the individual don't cooperate, it makes you wonder what they are hiding." He later said if the police chief does not cooperate with the investigation that "he (the police chief) becomes judge, jury and executioner."

OK, hold on. Is that the kettle calling the pot black (or however that saying goes). It appears to me that he has already judged the individual who found the gun and turned it in. He has decided a crime has been committed by that individual and he is ready to throw a book at him. He is also ready to arrest the police chief for aiding in a crime.

The Constitution says, "We the people of the United States ..." That means everyone. The guy who found the gun, the sheriff, the police chief and the deputy who lost the gun. You and me and everyone else, too. We are the people. We have rights.

Calls to the sheriff have gone unreturned. Perhaps Lindgren is exercising his right to remain silent. Oh, except it doesn't work that way for public government officials.

Minnesota statutes 13.03 and 13.82 say that public officials must disclose a certain amount of information promptly. Even when using the phrase "within a reasonable amount of time" I feel that a week and a half of unreturned phone calls, three times per day, is not prompt, nor reasonable.

The sheriff is investigating a crime. The crime as he sees it is the theft of a gun. The gun which his undersheriff left behind in a public mens rest room. Lindgren said the deputy will be disciplined for misplacing his gun, but he can't be disciplined until the investigation is complete.

Where should the investigation be?

Investigate all you want, Sheriff. That is your job. But don't stomp on the Constitutional Rights of the People of Mille Lacs County. "We the people..."


I'll leave you wiht this quote I found to be quite interesting:


“The story of Little Blue Riding Hood is true. Only the color has been changed to prevent an investigation.” -- Stan Freberg


Peace.

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p.s. Just in case you want the real words to the Constitution, the Fifth Amendment and the Miranda, keep reading. Otherwise, this is the end for today.

The Constitution of the United States

"We the people of the United States, in Order to form a more perfect Union, establish Justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America. ..."

The fifth 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 offense 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.

The Miranda:

"You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to be speak to an attorney, and to have an attorney present during any questioning. If you cannot afford a lawyer, one will be provided for you at government expense."