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About LinkBacksWASHINGTON (AP) - The Supreme Court appears ready to tell suspects that if they want the right to remain silent, they have to say so.
The high court heard an appeal from Michigan prosecutors whose conviction was thrown out because police kept interrogating the suspect after reading him his Miranda rights, despite the fact that he never said he wanted to talk.
Lawyers for defendant Van Chester Thompkins' argued that police must first get a suspect to say that he is waiving his right to be silent before an interrogation. But several justices indicated during arguments that they thought a suspect must first explicitly tell police that he wants to be silent before complaining about an interrogation.
Other justices said it was arguable that by remaining silent, Thompkins was invoking Miranda.
My Way News - Court weighs if silence alone can invoke Miranda
As a technical point, if you'll now be forced to not be silent in order to reserve your right to remain silent, I think we should call it something else.
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1st March 2010 12:49 PM #1Senior Member Array
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Court weighs if silence alone can invoke Miranda
"Exremism in defense of Liberty is no vice." - anti-liberal numbwit trying to quote Barry Goldwater
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1st March 2010 01:00 PM #2Senior Member Array
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I thought it was common practice for the police to ask if the rights just read off were understood.
Maybe I need more background before weighing in on this.
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1st March 2010 01:12 PM #3Senior Member Array
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That's what I thought. The cops just read your rights and then you acknowledge if you understand them or not. And if you want to remain silent you simply remain silent. Or if the person being arrested says "I want a lawyer" then it's game over. No more asking questions by the cops.
Originally Posted by Fire God
But then again I've never been arrested so I wouldn't know. Let's wait for more knowledgeable people like Towski or Scummy to show up. :rofl:
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1st March 2010 01:56 PM #4Member Array
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In almost every single case I have had where this is an issue, the police use written waivers. If they don't have one signed by the suspect, then they know they're going to get a challenge, and usually do not interrogate so as not to have the statement thrown out. Originally Posted by Fire God
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1st March 2010 02:12 PM #5Senior Member Array
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How do you interrogate somebody that doesn't respond? It makes it sound like the guy was somehow compelled to answer questions just because they were asked.
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1st March 2010 02:33 PM #6Senior Member
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If people keep asking you questions for hours on end, staying silent becomes problematic. Originally Posted by ScummyD
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1st March 2010 02:50 PM #7Elitist Array
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I'm an angel. I haven't gotten so much as a speeding ticket in 15 years. Originally Posted by Winn
They shall know me by the tang of my bitter and untenable jadedness.
“Socialism never took root in America because the poor see themselves not as an exploited proletariat, but as temporarily embarrassed millionaires.”
- Steinbeck
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1st March 2010 03:04 PM #8Senior Member Array
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I was just messing with ya Towski. Originally Posted by Towski
I have no doubt you're a fine upstanding citizen.
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1st March 2010 04:30 PM #9Senior Member Array
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Even though you speed. Originally Posted by Towski
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1st March 2010 07:26 PM #10Elitist Array
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Very little, actually. I rarely drive. Big city living and all that. Originally Posted by ScummyD
They shall know me by the tang of my bitter and untenable jadedness.
“Socialism never took root in America because the poor see themselves not as an exploited proletariat, but as temporarily embarrassed millionaires.”
- Steinbeck
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