Under old law the police could not interrogate you for hours if you were remaining silent. At some point it becomes obvious that a reasonable person is exercising their right to remain silent, and the police would have to stop.
I don't know the specifics of the law so I'm not calling you out on this, just asking a question. That question being, "what would have kept an unscrupulous cop from deciding it wasn't clear?" Was there anything in the law that forced them to stop at a certain point, or just to use their judgment? Even in the latter case, I would assume they'd get at least 5-10 minutes of badgering before they had to throw in the towel. With the new ruling, a person can stop it before it even begins. If anything, this is an expansion of a person's rights.
SCOTUS Update: Right to remain silent? Suspect better speak up - 
- 01/06/2010 07:53:14 PM
1167 Views
- 01/06/2010 07:53:14 PM
1167 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
*NM*
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
647 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
694 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
675 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
721 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
688 Views
You are at the intersection of bull and shit.
- 02/06/2010 04:00:32 PM
708 Views
At what point did that happen?
- 02/06/2010 01:26:13 AM
647 Views
I am confused
- 01/06/2010 11:09:14 PM
694 Views
Re: I am confused
- 01/06/2010 11:15:07 PM
632 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
679 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
690 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