Have you ever watched the TV show 48 Hours?
The 48 Hours about page says: “48 Hours is television’s most popular true-crime series, investigating shocking cases and compelling real-life dramas with journalistic integrity and cutting-edge style.”
At Nash Law, we are PRO Law Enforcement, PRO U.S. Constitution and PRO Tennessee Constitution and all the other laws!
In the show the detectives are doing a great thing, they’re hunting down killers and bringing some semblance of closure to their families. Law enforcement are relentlessly working, spending and risking their lives to keep our communities safer. For that we salute them.
Now that it is clear we are pro law enforcement, under our laws, if you’re in the United States of America you have certain Constitutional Rights. The focus of our conversation today is the absolute right to remain silent (Shut the F*@k Up!). Here’s a great reference from the site Justia for different Constitutional sections that relate to the right to remain silent. Check it out by clicking here, Click Here.
The details matter and if you checked out that link it explains the details. If you didn’t, no worries, we make it easy for you. We often follow Pareto’s Principle which states that 80% of your results will come from 20% of your input. Or the majority of your problems will come from the small 20%.
The percentages vary but the point is you can focus on the small percentage and get 80-90% results. We have actually in this article perfected Pareto’s Principle for you if you are being questioned by law enforcement: Shut the F*@k Up!
Don’t talk to them directly, on the phone or any other communication. If you or your loved one is in jail, don’t communicate important case information through jail communication channels, they are listening.
If you’re approached by law enforcement, give your name, date of birth and where you live. That’s it. Demand an attorney and unequivocally state I AM NOT TALKING. If you are stopped for a DUI give the above information along with you driver’s license, insurance and registration. Refuse to give any other information and refuse to do the SFSTs and blood. You might lose your license for one year under the Implied Consent Laws and they will probably obtain a warrant for your blood but these are your rights, exercise them and Shut the F*@k Up!
Do not waiver, do not succumb to them telling you “they’re helping you. That you will feel better. It’s the right and best thing to do.” IT IS NOT THE RIGHT AND BEST THING FOR YOU TO DO! It’s the right and best thing for law enforcement, not you.
Exercising your absolute right to remain silent is always the best course of action when you’re talking to law enforcement.
It is also a great idea to do with your most important relationships. Just shutting up could have saved me trouble and heartache with relationships so important to me. I could have lessened my and my loved ones suffering.
The framework to use is from the book I love and highly recommend How to Communicate Like a Buddhist by Cynthia Kane. She provides a framework that should be first applied to communications with yourself and will help you Shut the F*@k Up when talking to law enforcement or others.
Kane quotes Ihich Nhat Hanh: “Once you can communicate with yourself, you’ll be able to communicate outwardly with more clarity. The way in is the way out.”
The author’s framework is:
Is it true?
Is it necessary?
Is it helpful (to you in this situation. Emphasis added by us, not the author) and compassionate?
So maybe what you could say to law enforcement is true. It is not necessary (in fact it goes against your rights under our laws and it is absolutely not helpful to you.) So Shut the F*@k Up!
Now that you know to Shut the F*@k Up! you might wonder are you going to get away with DUI, domestic assault, simple possession and/or paraphernalia, Violations of Probation, murder or any other crime you might be accused of in Tennessee.
Not talking doesn’t give you a free pass. It keeps the burden on the State to prove beyond a reasonable doubt that you were the person that commited the crime you’re accused of.
Let them do their job. If they have enough to arrest you they will regardless of what you say or don’t say. They are questioning you to continue building their case and make it even stronger. Don’t help them punish you or put you on probation or jail. Most of us hurt ourselves far more than others way too much already. Have compassion on yourself.
Help yourself by always remembering to Shut the F*@k Up if you’re talking to law enforcement, or even when talking to others, and the communication isn’t true, necessary, helpful and compassionate.
Contact Our Nashville Criminal Defense Lawyer Today to Schedule a Free Consultation
Can you Shut the F*@k Up with law enforcement or others?