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This is what I alluded to in my response. Joel Send a noteboard - 02/06/2010 01:44:14 AM
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.

This ruling doesn't create the potential for a new abuse, because if cops wanted to ignore peoples rights and try to get away with it they were already going to do so. That's a very real problem, but not one born of this ruling. They aren't going to put cameras in interrogation rooms because of this; they already have them, to protect both suspects and officers.
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SCOTUS Update: Right to remain silent? Suspect better speak up - trzaska2000 - 01/06/2010 07:53:14 PM 1123 Views
What I don't like about this decision... Legolas - 01/06/2010 08:21:02 PM 711 Views
I think the only potential issue is if the person didn't understand the Miranda warning. Tom - 01/06/2010 10:37:42 PM 644 Views
Damn you common sense!!! *NM* everynametaken - 02/06/2010 02:56:17 AM 279 Views
that is an odd way of looking at it random thoughts - 01/06/2010 11:58:12 PM 657 Views
I'm more referring to the almost "magic words" that Kennedy introduces here. Legolas - 02/06/2010 12:18:07 AM 676 Views
So we should not allow police to question people at all? random thoughts - 02/06/2010 12:31:27 AM 607 Views
You won't hear me complain if the Miranda rights are scaled back a bit. Legolas - 02/06/2010 12:40:23 AM 603 Views
The goal is not to keep guilty people from confessing random thoughts - 02/06/2010 01:48:48 AM 625 Views
The way I see it... everynametaken - 02/06/2010 03:06:01 AM 747 Views
Forgot to mention - the 5-4 decision was split between cons and libs, but..... trzaska2000 - 01/06/2010 08:36:41 PM 610 Views
Seems reasonable to me scalius - 01/06/2010 09:44:30 PM 739 Views
This seems reasonable to me. Joel - 01/06/2010 09:47:34 PM 685 Views
I'm stunned. Your response was reasoned, logical and concise. What have you done with Joel? Tom - 01/06/2010 10:43:22 PM 650 Views
It's been a long weekend; I'm tired. Joel - 02/06/2010 01:38:32 AM 734 Views
Joel is going to be so pissed when he finds out that you logged onto his account..... trzaska2000 - 02/06/2010 01:42:50 AM 660 Views
I'm not saying another word until my lawyer is here! Joel - 02/06/2010 02:02:12 AM 752 Views
Hey deaf people who can't speak... pound sand. BlackAdder - 01/06/2010 09:55:41 PM 739 Views
well the deaf can simply close their eyes and end the interview random thoughts - 02/06/2010 12:26:31 AM 636 Views
Re: well the deaf can simply close their eyes and end the interview BlackAdder - 02/06/2010 03:57:35 AM 643 Views
you are often questioned by the police? What are you doing to make that happen? random thoughts - 02/06/2010 03:35:47 PM 681 Views
I travel internationally BlackAdder - 02/06/2010 08:40:38 PM 649 Views
This decision is a setback for us all. PerrinWT - 01/06/2010 10:10:51 PM 755 Views
No it isn't. Tom - 01/06/2010 10:42:06 PM 671 Views
Re: No it isn't. PerrinWT - 01/06/2010 11:26:07 PM 679 Views
bah damookster - 02/06/2010 12:11:46 AM 636 Views
Teach people to say "I'm not saying anything until my lawyer gets here." Period. *NM* Tom - 02/06/2010 12:38:24 AM 267 Views
Close, but not cigar. PerrinWT - 02/06/2010 01:30:19 AM 688 Views
if they catch more bad guys is that a bad thing? *NM* random thoughts - 02/06/2010 01:50:12 AM 286 Views
Would you be okay with the prohibition of firearms if it lowered the crime rate? Ghavrel - 02/06/2010 02:18:26 AM 648 Views
I think you have to have reasonable balance random thoughts - 02/06/2010 05:48:31 PM 704 Views
You are at the intersection of bull and shit. Tom - 02/06/2010 04:00:32 PM 672 Views
Re: You are at the intersection of bull and shit. PerrinWT - 02/06/2010 10:18:36 PM 662 Views
Hey douchebag, you're still wrong. Tom - 02/06/2010 10:34:48 PM 644 Views
Any particular reason you started the name calling? ironclad - 02/06/2010 10:58:47 PM 582 Views
At what point did that happen? Aemon - 02/06/2010 01:26:13 AM 605 Views
This is what I alluded to in my response. Joel - 02/06/2010 01:44:14 AM 708 Views
Re: At what point did that happen? PerrinWT - 02/06/2010 01:48:52 AM 728 Views
I am confused Camilla - 01/06/2010 11:09:14 PM 659 Views
Re: I am confused PerrinWT - 01/06/2010 11:15:07 PM 590 Views
ummm, no... damookster - 02/06/2010 12:13:59 AM 683 Views
Re: ummm, no... PerrinWT - 02/06/2010 01:38:54 AM 626 Views
spare me the pontificating damookster - 02/06/2010 01:50:27 AM 721 Views
Re: spare me the pontificating PerrinWT - 02/06/2010 02:01:27 AM 613 Views
you never wave your right to remain silent forever random thoughts - 02/06/2010 01:53:07 AM 598 Views
It's perhaps odd that we're on opposite sides of this. Joel - 02/06/2010 01:59:46 AM 633 Views
Nothing has changed random thoughts - 02/06/2010 01:56:08 AM 625 Views
Except you risk waiving them unless you specifically say you want to use them. BlackAdder - 02/06/2010 04:07:51 AM 639 Views
not surprising that people who use phrases like "Police State of America" believe that random thoughts - 02/06/2010 03:24:25 PM 641 Views
As far as I can tell, this changes nothing and simply maintains the status quo. LiterateDog - 01/06/2010 11:27:36 PM 649 Views
An interesting way of looking at it at the end. Joel - 02/06/2010 02:05:34 AM 715 Views
For those who don't understand the techniques of police interrogation let me make this clear. everynametaken - 02/06/2010 01:57:51 AM 701 Views
Good advice BlackAdder - 02/06/2010 04:00:45 AM 585 Views
I always love in the TV shows when... everynametaken - 02/06/2010 04:16:35 AM 682 Views
Re: I always love in the TV shows when... BlackAdder - 02/06/2010 04:36:34 AM 775 Views
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