Friday, September 17, 2010

Entry 8: 5th Amendment

Source: A Constitutional Case in a Box of Cash. November 16, 2009.
http://www.nytimes.com/2009/11/17/business/17road.html?_r=1&scp=3&sq=fourth%20amendment&st=cse

Constitutional Connection: Fifth Amendment
" No person shall be held to answer for a capital....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"

Explanation of Connection:

    A man named Steve Bierfeldt was apprehended by airport security for questioning because
of money found in a small tin box that he carried with him often. They interrogated him to
to tell them who he was and how he got the money. They found $4,700 in the box 
The amount that could be considered suspicious on international trips would have to exceed
$10,000. The interrogators continued to question him about the money but he refused to say
anything and only asked, "Am I legally required to tell you that?” He defended his right
to not say anything.

    The article clearly demonstrates the Fifht Amendment of the United States Constitution.
People have the right to silence and to not testify against themself without representation.
He has the right to not answer any questions without a lawyer. He has the right to not explain
himself. The amount that he is carrying is considered not suspicious so that didn't allow
him to be questioned. They illegally questioned him.

    I feel that he maintained his right to be silent. They apprehended him for non suspicious
causes. People can not be forced to testify against themselves no matter what situation.
That is the power of airport security being exceeded. It is out of their power. He has a right
to a lawyer and because they did not allow him to receive one, he recorded the conversation
on his Iphone.
 

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