rather it means you haven't stated either way if you will be exercising your Miranda rights. Hence, they can continue questioning. Until such time as you do definitively exercise said rights.
The implication of silence is now a waiver for the right to remain silent. Before they could not continue questioning you for hours if you remained silent because the constructive implication is you were electing to use your right to remain silent. Now, that legal construction is gone and the cops WILL abuse it. In addition, if you do not know the amount of pressure that can be brought to bear on an innocent person during an interrogation I suggest you do a quick Google search on the innocence project and false confessions.
SCOTUS Update: Right to remain silent? Suspect better speak up - 
- 01/06/2010 07:53:14 PM
1194 Views
- 01/06/2010 07:53:14 PM
1194 Views
What I don't like about this decision...
- 01/06/2010 08:21:02 PM
775 Views
I think the only potential issue is if the person didn't understand the Miranda warning.
- 01/06/2010 10:37:42 PM
707 Views
*NM*
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
670 Views
You won't hear me complain if the Miranda rights are scaled back a bit.
- 02/06/2010 12:40:23 AM
649 Views
Forgot to mention - the 5-4 decision was split between cons and libs, but.....
- 01/06/2010 08:36:41 PM
675 Views
This seems reasonable to me.
- 01/06/2010 09:47:34 PM
742 Views
I'm stunned. Your response was reasoned, logical and concise. What have you done with Joel?
- 01/06/2010 10:43:22 PM
708 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
719 Views
Hey deaf people who can't speak... pound sand.
- 01/06/2010 09:55:41 PM
801 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
709 Views
you are often questioned by the police? What are you doing to make that happen?
- 02/06/2010 03:35:47 PM
741 Views
This decision is a setback for us all.
- 01/06/2010 10:10:51 PM
813 Views
No it isn't.
- 01/06/2010 10:42:06 PM
736 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
296 Views
Close, but not cigar.
- 02/06/2010 01:30:19 AM
747 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
706 Views
You are at the intersection of bull and shit.
- 02/06/2010 04:00:32 PM
728 Views
I am confused
- 01/06/2010 11:09:14 PM
715 Views
Re: I am confused
- 01/06/2010 11:15:07 PM
652 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
691 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
705 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
765 Views
Good advice
- 02/06/2010 04:00:45 AM
644 Views