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Close, but not cigar. PerrinWT Send a noteboard - 02/06/2010 01:30:19 AM
Sorry to get technical here, but your statement neither guarantees you a lawyer nor your right to remain silent.

"Until my lawyer gets here" does not mean you are asking for a lawyer. You are only REQUIRED to be given a lawyer under the 6th amendment when proceedings have begun against you and you are an indigent defendant. You have a RIGHT to a lawyer under the 5th amendment if you need help with the custodial interrogation proceedings, but you must unequivocally request one. Saying you are waiting till your lawyer shows up is not an unequivocal statement, so you could sit in the interrogation room all dam day, and the police would be required to give you nothing.

"I'm not saying anything" is not an unequivocal statement that you are electing to use your right to be silent. Thus the police can continue to question you all day. In addition, under this new ruling your silence is a waiver of your constitution right until you definitively request them. This means an officers testimony of "He looked real nervous every time I would ask him a question, almost to the point of being in tears, but he still refused to open up to me." would be admissible as an impression of your silence. Now imagine how much guilt an officer could imply to a jury out of you being silent? Scary when you realize before this case they could do no such thing.

Also, for the post above you stating that something to the effect of "anyone who watches a cop show knows how to enforce their rights" is kind of off base. We should understand our rights as they are explained to us in the Miranda warning, we SHOULD NOT be required to watch legal or police dramas to understand the specific phrasing we need to utilize our rights. We should not have to click our heels three times and say "there's no right like Miranda," "there's no right like Miranda,""there's no right like Miranda" before we are allowed our Constitutional rights.

And as a final note, should we really have to state that we are demanding our basic constitutional rights before they can be enforced. If a cop is beating the crap out of me should I be required to say "Officer I am exercising my Due Process right, so I demand you stop the beating" before it is unconstitutional?
This message last edited by PerrinWT on 02/06/2010 at 01:32:43 AM
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SCOTUS Update: Right to remain silent? Suspect better speak up - - 01/06/2010 07:53:14 PM 1308 Views
What I don't like about this decision... - 01/06/2010 08:21:02 PM 875 Views
I think the only potential issue is if the person didn't understand the Miranda warning. - 01/06/2010 10:37:42 PM 808 Views
Damn you common sense!!! *NM* - 02/06/2010 02:56:17 AM 350 Views
that is an odd way of looking at it - 01/06/2010 11:58:12 PM 826 Views
I'm more referring to the almost "magic words" that Kennedy introduces here. - 02/06/2010 12:18:07 AM 844 Views
So we should not allow police to question people at all? - 02/06/2010 12:31:27 AM 766 Views
You won't hear me complain if the Miranda rights are scaled back a bit. - 02/06/2010 12:40:23 AM 749 Views
The goal is not to keep guilty people from confessing - 02/06/2010 01:48:48 AM 782 Views
The way I see it... - 02/06/2010 03:06:01 AM 914 Views
Seems reasonable to me - 01/06/2010 09:44:30 PM 903 Views
This seems reasonable to me. - 01/06/2010 09:47:34 PM 864 Views
Hey deaf people who can't speak... pound sand. - 01/06/2010 09:55:41 PM 909 Views
well the deaf can simply close their eyes and end the interview - 02/06/2010 12:26:31 AM 797 Views
Re: well the deaf can simply close their eyes and end the interview - 02/06/2010 03:57:35 AM 818 Views
you are often questioned by the police? What are you doing to make that happen? - 02/06/2010 03:35:47 PM 844 Views
I travel internationally - 02/06/2010 08:40:38 PM 812 Views
This decision is a setback for us all. - 01/06/2010 10:10:51 PM 926 Views
No it isn't. - 01/06/2010 10:42:06 PM 840 Views
Re: No it isn't. - 01/06/2010 11:26:07 PM 849 Views
bah - 02/06/2010 12:11:46 AM 791 Views
Teach people to say "I'm not saying anything until my lawyer gets here." Period. *NM* - 02/06/2010 12:38:24 AM 345 Views
Close, but not cigar. - 02/06/2010 01:30:19 AM 851 Views
if they catch more bad guys is that a bad thing? *NM* - 02/06/2010 01:50:12 AM 353 Views
Would you be okay with the prohibition of firearms if it lowered the crime rate? - 02/06/2010 02:18:26 AM 821 Views
I think you have to have reasonable balance - 02/06/2010 05:48:31 PM 864 Views
You are at the intersection of bull and shit. - 02/06/2010 04:00:32 PM 827 Views
Re: You are at the intersection of bull and shit. - 02/06/2010 10:18:36 PM 828 Views
Hey douchebag, you're still wrong. - 02/06/2010 10:34:48 PM 802 Views
Any particular reason you started the name calling? - 02/06/2010 10:58:47 PM 744 Views
At what point did that happen? - 02/06/2010 01:26:13 AM 765 Views
This is what I alluded to in my response. - 02/06/2010 01:44:14 AM 863 Views
Re: At what point did that happen? - 02/06/2010 01:48:52 AM 890 Views
I am confused - 01/06/2010 11:09:14 PM 830 Views
Re: I am confused - 01/06/2010 11:15:07 PM 760 Views
ummm, no... - 02/06/2010 12:13:59 AM 852 Views
Re: ummm, no... - 02/06/2010 01:38:54 AM 789 Views
spare me the pontificating - 02/06/2010 01:50:27 AM 889 Views
Re: spare me the pontificating - 02/06/2010 02:01:27 AM 770 Views
you never wave your right to remain silent forever - 02/06/2010 01:53:07 AM 761 Views
It's perhaps odd that we're on opposite sides of this. - 02/06/2010 01:59:46 AM 803 Views
Nothing has changed - 02/06/2010 01:56:08 AM 795 Views
As far as I can tell, this changes nothing and simply maintains the status quo. - 01/06/2010 11:27:36 PM 817 Views
An interesting way of looking at it at the end. - 02/06/2010 02:05:34 AM 873 Views
For those who don't understand the techniques of police interrogation let me make this clear. - 02/06/2010 01:57:51 AM 883 Views
Good advice - 02/06/2010 04:00:45 AM 744 Views
I always love in the TV shows when... - 02/06/2010 04:16:35 AM 847 Views
Re: I always love in the TV shows when... - 02/06/2010 04:36:34 AM 938 Views

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