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
1195 Views
What I don't like about this decision...
- 01/06/2010 08:21:02 PM
776 Views
I think the only potential issue is if the person didn't understand the Miranda warning.
- 01/06/2010 10:37:42 PM
708 Views
that is an odd way of looking at it
- 01/06/2010 11:58:12 PM
719 Views
I'm more referring to the almost "magic words" that Kennedy introduces here.
- 02/06/2010 12:18:07 AM
733 Views
So we should not allow police to question people at all?
- 02/06/2010 12:31:27 AM
671 Views
You won't hear me complain if the Miranda rights are scaled back a bit.
- 02/06/2010 12:40:23 AM
650 Views
Forgot to mention - the 5-4 decision was split between cons and libs, but.....
- 01/06/2010 08:36:41 PM
676 Views
This seems reasonable to me.
- 01/06/2010 09:47:34 PM
744 Views
I'm stunned. Your response was reasoned, logical and concise. What have you done with Joel?
- 01/06/2010 10:43:22 PM
709 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
721 Views
Hey deaf people who can't speak... pound sand.
- 01/06/2010 09:55:41 PM
802 Views
well the deaf can simply close their eyes and end the interview
- 02/06/2010 12:26:31 AM
695 Views
Re: well the deaf can simply close their eyes and end the interview
- 02/06/2010 03:57:35 AM
710 Views
you are often questioned by the police? What are you doing to make that happen?
- 02/06/2010 03:35:47 PM
742 Views
This decision is a setback for us all.
- 01/06/2010 10:10:51 PM
815 Views
No it isn't.
- 01/06/2010 10:42:06 PM
737 Views
Re: No it isn't.
- 01/06/2010 11:26:07 PM
744 Views
Teach people to say "I'm not saying anything until my lawyer gets here." Period. *NM*
- 02/06/2010 12:38:24 AM
297 Views
Close, but not cigar.
- 02/06/2010 01:30:19 AM
748 Views
if they catch more bad guys is that a bad thing? *NM*
- 02/06/2010 01:50:12 AM
308 Views
Would you be okay with the prohibition of firearms if it lowered the crime rate?
- 02/06/2010 02:18:26 AM
707 Views
You are at the intersection of bull and shit.
- 02/06/2010 04:00:32 PM
729 Views
I am confused
- 01/06/2010 11:09:14 PM
716 Views
Re: I am confused
- 01/06/2010 11:15:07 PM
654 Views
ummm, no...
- 02/06/2010 12:13:59 AM
747 Views
Re: ummm, no...
- 02/06/2010 01:38:54 AM
687 Views
Nothing has changed
- 02/06/2010 01:56:08 AM
693 Views
Except you risk waiving them unless you specifically say you want to use them.
- 02/06/2010 04:07:51 AM
698 Views
not surprising that people who use phrases like "Police State of America" believe that
- 02/06/2010 03:24:25 PM
706 Views
As far as I can tell, this changes nothing and simply maintains the status quo.
- 01/06/2010 11:27:36 PM
711 Views
For those who don't understand the techniques of police interrogation let me make this clear.
- 02/06/2010 01:57:51 AM
767 Views
Good advice
- 02/06/2010 04:00:45 AM
644 Views

*NM*
