Thursday, January 31, 2013

Court ordered drug tests-And why the 5th amendment gives us the right to refuse to perform them


September 21, 2012 in Resistance

Next time you are on probation/parole and have to take a drug test in the presence of your probation officer, try using your 5th amendment rights to get out of taking the drug test. When your PO gives you the cup to urinate in it, tell him, “I would like to plea the 5th amendment and refuse to take this test as I do not wish to consent to anything which could be used as a form of self-incrimination.” The PO will probably try to tell you that you do not have the right to refuse the test, but make it clear to him that you know he is lying and say, “The fact that this is a post-conviction sentence is irrelevant because my 5th amendment right to refuse self-incrimination always applies because a ‘right’ is a special privilege which can never be taken away from me no matter how badly I behave.” And if your PO tries to tell you that the 5th amendment only applies to verbal incrimination, tell him, “The 5th amendment applies to both verbal and non-verbal self-incrimination as the courts implied in the case Hiibel v. 6th District Court of Nevada where they stated that people can refuse to show ID if showing the ID would prove that they are a crook.”
Your PO is probably gonna go ballistic at this point since he is used to being obeyed, and he might even arrest you. But if does that then you will have the opportunity to sue him. So remember, YOUR 5TH AMENDMENT RIGHT TO REFUSE SELF-INCRIMINATION GIVES YOU THE RIGHT TO REFUSE A COURT-ORDERED DRUG TEST!

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