Previously if you said absolutely nothing to the police after being given a Miranda warning it would NOT constitute a waiver of your rights, meaning you had not given up the right to be silent. Under the new ruling it means silence can be taken as you giving up your right until you "unequivocally" establish that, and it becomes more difficult than it was previously to establish those rights. If you want to see why it is not right to have an unequivocal requirement see my point above.
SCOTUS Update: Right to remain silent? Suspect better speak up -
- 01/06/2010 07:53:14 PM
1168 Views
What I don't like about this decision...
- 01/06/2010 08:21:02 PM
751 Views
I think the only potential issue is if the person didn't understand the Miranda warning.
- 01/06/2010 10:37:42 PM
685 Views
that is an odd way of looking at it
- 01/06/2010 11:58:12 PM
698 Views
I'm more referring to the almost "magic words" that Kennedy introduces here.
- 02/06/2010 12:18:07 AM
715 Views
So we should not allow police to question people at all?
- 02/06/2010 12:31:27 AM
649 Views
You won't hear me complain if the Miranda rights are scaled back a bit.
- 02/06/2010 12:40:23 AM
635 Views
Forgot to mention - the 5-4 decision was split between cons and libs, but.....
- 01/06/2010 08:36:41 PM
652 Views
This seems reasonable to me.
- 01/06/2010 09:47:34 PM
727 Views
I'm stunned. Your response was reasoned, logical and concise. What have you done with Joel?
- 01/06/2010 10:43:22 PM
688 Views
Joel is going to be so pissed when he finds out that you logged onto his account.....
- 02/06/2010 01:42:50 AM
695 Views
Hey deaf people who can't speak... pound sand.
- 01/06/2010 09:55:41 PM
779 Views
well the deaf can simply close their eyes and end the interview
- 02/06/2010 12:26:31 AM
677 Views
Re: well the deaf can simply close their eyes and end the interview
- 02/06/2010 03:57:35 AM
688 Views
you are often questioned by the police? What are you doing to make that happen?
- 02/06/2010 03:35:47 PM
723 Views
This decision is a setback for us all.
- 01/06/2010 10:10:51 PM
794 Views
No it isn't.
- 01/06/2010 10:42:06 PM
712 Views
Re: No it isn't.
- 01/06/2010 11:26:07 PM
723 Views
Teach people to say "I'm not saying anything until my lawyer gets here." Period. *NM*
- 02/06/2010 12:38:24 AM
286 Views
Close, but not cigar.
- 02/06/2010 01:30:19 AM
724 Views
if they catch more bad guys is that a bad thing? *NM*
- 02/06/2010 01:50:12 AM
301 Views
Would you be okay with the prohibition of firearms if it lowered the crime rate?
- 02/06/2010 02:18:26 AM
689 Views
You are at the intersection of bull and shit.
- 02/06/2010 04:00:32 PM
708 Views
I am confused
- 01/06/2010 11:09:14 PM
695 Views
Re: I am confused
- 01/06/2010 11:15:07 PM
633 Views
ummm, no...
- 02/06/2010 12:13:59 AM
726 Views
Re: ummm, no...
- 02/06/2010 01:38:54 AM
663 Views
Nothing has changed
- 02/06/2010 01:56:08 AM
669 Views
Except you risk waiving them unless you specifically say you want to use them.
- 02/06/2010 04:07:51 AM
681 Views
not surprising that people who use phrases like "Police State of America" believe that
- 02/06/2010 03:24:25 PM
686 Views
As far as I can tell, this changes nothing and simply maintains the status quo.
- 01/06/2010 11:27:36 PM
691 Views
For those who don't understand the techniques of police interrogation let me make this clear.
- 02/06/2010 01:57:51 AM
742 Views
Good advice
- 02/06/2010 04:00:45 AM
625 Views

*NM*
