Why Setcha Self Up?

We Should Know The 5th Amendment

By SwankMaster©2025

Let’s be clear. For many of us African-Americans, exercising our right to remain silent is a ticket to police harassment and abuse and “obstruction of justice” charges. If we’re in court and we plead the 5th, we will be deemed guilty in the eyes of the court or the jury if on trial. No wonder so many of us look at the Bill Of Rights as a joke. 

But when a cop tells you that “You have the right to remain silent,” you really do. If I’m accused of something that I did not do (or actually did do) I am keeping my mouth shut because anything I say will be used against me in a court of law.

For example, if you are pulled over in traffic because a cop ran the plates on the car while driving behind you and discovered that the owner of the car does not have a driver’s license, you can exercise your right to remain silent. Here’s why:

When the cop ran the plates, a picture of the owner of the vehicle came up on his computer screen. So when he walked up to the car and saw you, he knew that you were not the owner. (He also knows that the car was not reported stolen.) Right then and there the cop should have let you go after explaining the stop. 

But cops don’t usually do that. They ask for your I.D. and then go back and run a check on your name. However, remember that this cop just racially profiled you. You did nothing wrong when he pulled you over. And since you didn’t violate any traffic laws, you should just be quiet and let the cop talk. Don’t respond to his questions. If he asks for your I.D. just say “no.” If he decides to arrest you for not cooperating, then he has just given you a “harassment & intimidation” lawsuit. In court he will have to justify a stop that he cannot, plus the illegal arrest.

However, depending on how drunk on power he is, you might end up in jail for a few hours or possibly a day. Do not volunteer your I.D. Make them take it from you without your permission. Now they have committed an illegal search of your person, which will add to your lawsuit. I’ll trade that time in jail for a cash settlement any day.

From the beginning the cop knew he was wrong but since you’re black he generally doesn’t think you know your rights; or will be too scared to exercise them.

Hey, I understand cooperating--right or wrong-- with the cops. You just want to get them the hell away from you as quickly as possible and go on about the rest of your life.

Whatever unconstitutional mistreatment you receive when a cop accosts you, please do Not have a confrontation with them. Far too many of them are trigger happy. You may be right, but don’t be dead and right. Many times when the cops bother us we get mad at the injustice and inconvenience of it. Since you’re already upset, just do to the cops what you generally do to other people when they make you mad: don’t talk to them.