Page-010

- Security of Person -

Page 10
==========

Miranda... has long been a part of both our Contsitutions but only became mandated for policemen
after the case of, " Arizona -vs- Miranda "; when it was discovered, that the rights, of the accused, one
" Ernesto Miranda " were violated, after he was placed under arrest in that Police failed to make him
fully aware of his right to remain silent, the right to refuse to answer questions and the right to refuse to
admit or sign anything, without the presence -and- advice of counsel. Since then, advisories, like those
in white, above, have become standard protocol for Police Officers in, Canada and The United States.
But remember... Police don't need to advise you, of this - until - they place you under arrest !

However... there are Government Agents/Agencies, where people don't think these rights still apply
cases in point ; Child Welfare Workers, Unemployment Insurance Agents, Welfare Workers,
Social Workers, Inspectors, Revenue Agents, etc. Unlike Policemen, people do not perceive these
as "Agents of the State"; but they are! The seemingly limitless power & authority they're able to weild
can be more devastating - and - traumatic, than any Police Officer, interrogating a suspect or placing an individual under arrest ! Their mandate is expediency, and it often violates your rights and freedoms...

Even under... the duress, coersion, intimidation or threat of obstruction, of justice, we must stand
against the tyde of solicitation by authorities to relinquish our rights. Whether it is an Agent of the State
who has come to your home conducting an investigation, or in an office atmosphere, at some "Agency"
or Police Station, you have the right to remain silent. On the other hand, this does not abridge your right to ask questions, of authorities, who must respond, by identifying themselves, presenting duly approved creditials - and - advising you of the reason(s), for their presence - and - questions !

Summary : Remember... Most of any Agent's investigation, comes from getting people to talk.
The biggest threat to a family comes from the old addage, Divide & Conquer. If they can get children
to talk about their home life, private family matters, etc. they can use any and all of this against any and all of you - and - they will, without ever having placed anyone under arrest, for anything...!

DISCLAIMER

You have the Right... Don't be belligerent or argumentative! Be kind, polite, respectful !
Be curteous, but quietly remain, "SILENT!" Under both Canadian -and- American Law, you have
"security of person". Whether under arrest or not, you have the right to refuse, to answer questions.
You have the right to refuse entry/search, of your; home, business, car, clothes, body, or anywhere that is personal private property unless under a warrant, in an emergency, or there is probable cause.

Remember... social workers may be Agents for the State, but they are not Police Officers. Unless accompanied by Police, they have few legal powers. If Police - and/or - social workers, are suspicious, they may use probable cause to arrest or apprehend; but they'll have to justify this, to a judge, in the end. Even in exigent circumstances, they'll need to prove, the situation dictated the necessity, of their actions. Yet most people forget to educate their children, about these rights. We tell them to answer their elders; daycare workers, teachers, etc. But, we do not tell them, that they have the same rights as we do; one of them being, the right to remain silent! We want our kids, to listen to, and answer questions, honestly,
truthfully, especially to us, but what about their rights and freedoms, especially to remain silent ?

We have all... seen television shows, movies, and crime novels, where Police Officers have made
statements such those above, to people they're placing, under arrest. The wording may be a bit different
depending on; Language, Area, State, Province - and - Country...on this continent, but the context is relatively the same. However most people seem oblivious to exactly what these words mean to each one
of us. More importantly... people fail to realize, these rights exist, for everyone, even during those times
when no one is under arrest. Most importantly... we do not seem to know, these rights are applicable
to us all, regardless of; race, creed, color, religion, gender, social status, age, etc.from the very moment a police officer or Government Agent of any kind begins to speak to us !

There are... situations, where failure to answer certain questions, posed Police Officers, may result
in an arrest. For example... if a Policeman commands you to, identify yourself. Under Canadian -and- American Law this isn't perceived as abridging your rights, but obeying a necessary directive. This does not mean that you have to present documentation to prove it. Another instance would be a roadside spot check, for a controlled substance. In this instance... you still have the right to remain silent. However, exercising this right, may warrant police, to place you into custody, pending verification, of your identity -and/or- that you are not driving, under the influence of alcohol and/or narcotic of some kind.

You are under arrest for (name of offense)
You have the right to remain silent. If you give up that right, anything you say may be used
in evidence against you. You have the right to an attorney and to have that attorney present
with you, during questioning. If you cannot afford an attorney, one will be appointed for you
by the courts, at no cost. Do you understand these rights, as I have explained them to you?

                                           I am arresting you for (name of offense)
It is my duty to inform you that you have the right to retain & instruct counsel without delay
You have the right to telephone, in private, any lawyer, you wish.   You also have the right to
free advice in private, of a legal aid lawyer.   If charged with an offense, you may apply to the ( Province ) Legal Aid Plan, for assistance. 1-###-###-#### is a toll free number, that will put you in touch with legal aid duty counsel, for free legal advice, right now. Do you understand ?
Do you wish to call a lawyer now ?   You are charged with name of offense. Do you wish to say
anything, in answer to this charge ?   You are not obliged to say anything, unless you wish to
do so. But, whatever you say, may be given in evidence.

Social Workers... may not be Police, but they're specially trained, in the art of getting a person to talk by; intimidating, provoking, seducing and other psychological warfare. Like Police they're permitted to lie, to you, your kids, others, and even the judicial system may look the other way, when they commit perjury, in writting - and - on the witness stand. Many are so involved, they perceive every situation as grave and every case paramount, in saving a child from potential abuse/neglect. Unlike Police, in criminal matters, social workers can - and - will act, on the mere suspicion, your children may be at risk, even if they have never been abused/neglected. This is the only known legislation, on the law books where you can be convicted of merely placing someone at risk of being harmed and/or of being lax, as a parent...