Man Invokes 5th Amendment, Cops Tell Him to "Throw all the Legal Mumbo Jumbo Out the Window"

By Matt Agorist
The Free Thought Project
Jan. 20, 2015

Atlanta, GA — A video submitted to the Free Thought Project illustrates the level of ignorance and bullying applied by some law enforcement officers.

Dilshod Tulyoganov, was accused by a Georgia State Trooper of not coming to a complete stop before making a turn. As the driver of the vehicle, Tulyoganov is required by law to produce identification. When asked for his ID Tulyoganov complies and hands the officer his Georgia driver’s license.

From this point on is where the stop begins to turn ugly.

“I flexed my rights and he ignored it,” Dilshod told the Free Thought Project. “Because I didn’t kiss his boots he humiliated me in front of people.”

Because of the SCOTUS ruling in Salinas v. Texas, you are now expected to know that you have a right against self-incrimination, and unless you specifically and clearly invoke this right, anything you say or do not say, including your mannerisms at the time you stop talking, can be used against you. You actually have to say, "I do not answer questions."

Don't concern yourself with what kind of interrogation you're in. Don't worry about whether Salinas applies in your particular situation. Just invoke your 5th Amendment right immediately, verbally, and clearly.

When Trooper Johnston asks if his address on the license is correct, Tulyoganov specifically invokes his 5th Amendment right and replies by stating, “I’d rather not answer.”

He states this several times before Johnston tells him that “you don’t have a choice [but] to answer.” Apparently trooper Johnston feels that the right to remain silent does not apply in this instance. However, Tulyoganov stands his ground and Johnston eventually backs down.

Johnston then proceeds to tell Tulyoganov that he stopped him for not coming to a complete stop when he came off of the interstate and then goes back to his unit to write the ticket.

Several minutes pass before Johnston returns to the vehicle and demands that Tulyoganov get out of his car; approximately 5:20 in the video. Tulyoganov tells Johnston that he’d rather stay in the car to which Johnston replies, “you don’t have a choice,” and pulls open the door.

Let’s recap, Tulyoganov was pulled over for a minor traffic offense and was going to be issued a citation for a rolling stop. There was no need for Tulyoganov to exit his vehicle in order to receive this citation. So, whether or not the order by Johnston for Tulyoganov to exit his vehicle was lawful is up for question.

Rightfully so, Tulyoganov requests a supervisor. While they wait for the supervisor to arrive Johnston clearly becomes agitated with this man, who is calmly and politely asserting his rights.

"I don't think you understand, this is MY traffic stop…..all you had to do is do what I ask.” Apparently asking and demanding are similar words in the vocabulary of trooper Johnston.

When Tulyoganov tries to close his door Johnston has enough and assaults Tulyoganov by ripping him out of his vehicle and placing him in handcuffs. The entire time Tulyoganov proclaims that he is complying because he is under duress.

At this point the video goes black as it was put into Tulyoganov’s pocket as he’s cuffed. For several minutes the discussion is inaudible but we can here Tulyoganov tell Johnston several times that he believes he is being kidnapped.

At 14:20 in the video, the supervisor, apparently clueless as to what is actually going on, arrives on the scene and can be heard clearly. The supervisor thinks that Tulyoganov has refused to provide his identification, which was not the case at all. Once the supervisor realizes that they have a man in handcuffs for no reason whatsoever, he attempts to justify trooper Johnston’s actions by hypothetically explaining that he would have done the same thing.

During this entire series of events, not one time do the officers actually show any knowledge of Tulyoganov’s right to remain silent. Instead of acknowledging the man’s rights the supervisor makes an attempt to justify their unconstitutional actions by telling Tulyoganov,
“If you have nothing to hide…let’s throw all the legal mumbo jumbo out the window sir. Let’s play on big boy terms. Let’s not play the lawyer game and ‘my rights are violated’ game or none of that bullcrap today.”
Apparently, to these two Georgia state troopers, the constitution is “legal mumbo jumbo” not worthy of discussion.

Tulyoganov held out for as long as he could while being shaken down by two armed men who are seemingly ignorant of the law, but after their relentless barrage, he begins to answer.

The fact that Tulyoganov held out that long was pretty impressive. Thank you for flexing your rights Dilshod Tulyoganov.














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