Basically a party was busted in a hot pursuit scenario (DUI/ evading suspect came to my house) and the police report states in a protective sweep marijuana and paraphernalia were found in my room. The officer asked who's room it was. I stated mine, he then asked if the items were mine and I shrugged and remained silent. (Technically not a tacit admission/ admission of ownership/guilt because a shrug could be reasonably argued to mean i don't know, who knows, i don't know what you're talking about etc... right?) Anyway I'm fighting that because I was outside talking to police while the suspect was in the house ( I have documentation stating he was in another room than the one he was found in, from the suspect himself via a social networking site, as well as several witnesses) So I think at best they might have a constructive possession case in which the state would have to prove i had knowledge and control over the items, which to my knowledge is usually proved through witness statements. (but it could be reasonably argued upon knowledge of police arrival party goers/ fleeing suspects threw incriminating evidence in rooms) so my questions are these
1) Do i have a chance for a motion to suppress the verbal "confession" because it lacks concrete documentation (written/recorded/signed) I know in most cases it's admissible in an exclusion to the hearsay rule, I'm just hopeful because I've always thought the constitution clearly stated right to remain silent and self incrimination are valid legal options with no real consequences.
2) If I'm found not guilty/ case dismissed, is it possible to charge the other party attendees with constructive possession? I really don't want to inconvenience them, even if constructive possession is hard to prove without witness statements.
3) How hard is the bar exam? Lol
Thanks in advance
laughter- could you clarify? I was simply stating that while I acknowledge the tacit admissions rule/exception/law(?) I don't believe it is founded on anything concrete and can be argued against with great success. To my knowledge it was created with the maxim "silence gives consent" which is in direct conflict with the 5th and is debatable because a "reasonable person" might not believe the maxim "silence gives consent". I might instead believe....
Ex. "The very proverb Silence gives consent has a number of vigorous opponents in Silence is Golden; Closed lips hurt no one, speaking may; Speech is of time, silence is of eternity; For words divide and rend, but silence is most noble till the end; And silence like a poultice comes to heal the blows of sound; Be silent and safe, silence never betrays you."
1) Do i have a chance for a motion to suppress the verbal "confession" because it lacks concrete documentation (written/recorded/signed) I know in most cases it's admissible in an exclusion to the hearsay rule, I'm just hopeful because I've always thought the constitution clearly stated right to remain silent and self incrimination are valid legal options with no real consequences.
2) If I'm found not guilty/ case dismissed, is it possible to charge the other party attendees with constructive possession? I really don't want to inconvenience them, even if constructive possession is hard to prove without witness statements.
3) How hard is the bar exam? Lol
Thanks in advance
laughter- could you clarify? I was simply stating that while I acknowledge the tacit admissions rule/exception/law(?) I don't believe it is founded on anything concrete and can be argued against with great success. To my knowledge it was created with the maxim "silence gives consent" which is in direct conflict with the 5th and is debatable because a "reasonable person" might not believe the maxim "silence gives consent". I might instead believe....
Ex. "The very proverb Silence gives consent has a number of vigorous opponents in Silence is Golden; Closed lips hurt no one, speaking may; Speech is of time, silence is of eternity; For words divide and rend, but silence is most noble till the end; And silence like a poultice comes to heal the blows of sound; Be silent and safe, silence never betrays you."