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Reckless Homicide

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assertion of rites

Assertion of Rights

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Officer, please understand:

I refuse to talk to you, other than to identify myself, until I consult with my attorney. I also refuse to consent to any search of these premises or any other premises under my control, or in which I have a possessory, proprietary, or privacy interest, including my car, my body, or effects. I further refuse to consent to the taking of any portion of my property, or any specimen of my breath, bodily fluids or tissue, for scientific analysis, without the reasonable opportunity to obtain the advice of my attorney by telephone.

I desire to exercise all my rights guaranteed by the Constitution of the United States and the Constitution of the State of Illinois to be free from your interference with my person or affairs.

If you attempt to question me, I want my attorney present. I refuse to participate in any line-up, prove-up or show-up or to perform any physical acts, or to speak or display my person or property at your direction, without first conferring with my lawyer.

If I am under arrest, I wish to invoke and exercise my Miranda rights. If you ignore my exercise of these rights and attempt to procure a waiver, I want to confer with my lawyer prior to any conversation with you.

If I am to be taken into custody, removed from my present location, or separated from my property, I request a reasonable opportunity to make arrangements to secure my own property. I do not consent to any impoundment or inventory of my property. I do hereby, waive any claim of liability for loss, theft, or damage against you, your superiors, or any other authority and agree to hold harmless therefrom, if I am afforded the reasonable opportunity to arrange for the safekeeping of my own property. If this reasonable opportunity is denied or is unavailable, I demand that only such intrusion occur as is minimally necessary to secure the property, hereby waiving any claim of liability for your failure to scrutinize the property or its contents prior to it being secured.

If I am not under arrest, I want to leave. If I am free to leave, please tell me immediately so that I may go about my business.

Illinois Statute 38§103-4

Right to consult with Attorney

Right to consult with attorney. Any person committed, imprisoned or restrained of his liberty for any cause whatever and whether or not such person is charged with an offense shall, except in cases of imminent danger of escape, be allowed to consult with a licensed attorney at law of this state whom such person may desire to see or consult, alone and in private at the place of custody, as many times and for such period each time as is reasonable.

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