Time: Tue Apr 01 18:38:27 1997
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Date: Tue, 01 Apr 1997 17:37:59 -0800
To: cpetras@stratos.net (Charles Petras)
From: Paul Andrew Mitchell [address in tool bar]
Subject: FYI: What fifth amendment right?
Status: U

"The threat to the federal tax system ...."!!!

What have I been saying for 7 years now??

Thanks, Charles.

/s/ Paul Mitchell
http://www.supremelaw.com

copy:  Supreme Law School



At 03:50 PM 3/31/97 -0500, you wrote:
>I ran across an interesting "Note" in a law review the other day, it was
>titled
>
>	Constitutional Law--Fifth Amendment--``If and When You Go To Court'' 
>	Language used by Police Officers is an Adequate Rendering of *Miranda* 
>	Warnings--_Duckworth v. Eagan_, 109 S.Ct. 2875 (1989).
>	20 Seton Hall L. Rev. 525-546 (1990)
>
>This note opened with the following maxim:
>
>	"Nemo Tenetur seipsum accusare /1
>
>"/1 - _Brown v. Walker_, 161 US 591, 596-97 (1896).  No one is bound to
>accuse himself.  Black's Law Dictionary 937 (5th ed. 1979)
>
>Further on in Note 7 reference is made to the "custom revenue laws" thus,
>
>"/7 - See e.g., _Boyd v. United States_, 116 U.S. 616 (1886).  In *Boyd*,
>custom revenue laws were enacted that forced a defendant to produce certain
>documents and materials or have allegations against him taken as true.  Id.
>at 620.  The Court determined that seizing a man's private papers to be
>used as evidence of his guilt is equivalent to requiring self-incrimination
>and therefore prohibited by the fifth amendment.  Id. at 633.  The court
>noted that the fourth and fifth amendments shared an ``intimate relation''
>because unreasonable searches and seizures are usually made to compel a man
>to incriminate himself.  Id.
>	"Analyzing the *Boyd* holding, the Court in _Bram v. United States_, 168
>U.S. 532 (1897), noted:
>	"[T]he provision of the Fifth Amendment securing one accused 
>	against being compelled to testify against himself, and those 
>	of the Fourth Amendment protecting against unreasonable searches 
>	and seizures...demonstrate that both of these Amendments contemplated 
>	perpetuating, in their full efficacy, by means of a constitutional 
>	provision, principals of humanity and civil liberty, which had been 
>	secured in the mother country only after years of struggle, so as to 
>	implant them in our institutions in the fullness of their integrity, 
>	free from the possibilities of future legislative change.
>"*Bram*, 168 U.S. at 544 (citing *Boyd*, 116 U.S. at 616).
>
>Now, contrast that with what was said in the below cited law review article
>that deals with making a fifth amendment claim:
>
>	THE TAX PROTEST CASES: A POLICY APPROACH TO
>	INDIVIDUAL CONSTITUTIONAL RIGHTS
>	19 Calif. Western L. Rev. 351-372 (1983)
>
>	"... The tax protester in _United States v. Carlson_ [617 F.2d 518 (9th
>Cir.), cert. denied, 449 U.S. 1010 (1980)] met the substantive standard
>[_U.S. v. Sullivan_, 274 U.S. 259 (1927)] but was denied his fifth
>amendment privilege wholly on policy grounds.  The protestor in _United
>States v. Lee_ [102 S.Ct. 1051 (1982)] had a much more meritorious claim
>yet the threat to the federal tax system of a decision favoring first
>amendment rights required the application of Carlson-type policy
>considerations.
>
>at page 372.
>
>So the bottom line is that if money is involved (as in they saying that you
>owe them) you have no fifth amendment "privilege" because that isn't govt
>policy!
>
> ###
>
>
>* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
>
>  ``Although we give lip service to the notion of freedom, we know that
>    government is no longer the servant of the people but, at last, become
>    the people's master. We have stood by like timid sheep while the wolf 
>    killed -- first the weak, then the strays, then those on the outer 
>    edges of the flock, until at last the entire flock belonged to the 
>    wolf.'' -- Gerry Spence, From Freedom to Slavery
>
>* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
>
>
>

========================================================================
Paul Andrew, Mitchell, B.A., M.S.    : Counselor at Law, federal witness
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