You have the right to remain silent...

[Skull Pilot]

Not really.

The Supreme Court Decided Your Silence Can Be Used Against You - Alexander Abad-Santos - The Atlantic Wire

It seems if you remain silent before the cops read you your rights that silence can be used against you?

Now it seems you must announce that you are invoking the fifth amendment for your rights to be valid.

This is a definite erosion of the fifth amendment

One more reason to never ever talk to the cops

 

[eflatminor]

One more reason to never ever talk to the cops

It appears that not even that approach would keep the prosecutors from using your silence against you. According to the article, you'd have to explicitly cite the 5th amendment....which requires speaking to the cops!!!

It all seems ridiculously terrifying, this idea that in order to claim your Fifth Amendment, you now need to know how to call the on-the-fly legal equivalent of "safesies."

 

[Jackson]

Sorry, I haven't been up on things lately. Did Congress ever declare English as the language of our country?

If not, I can see the courts revisiting the "fifth amendment issue." There are too many people out there with English as their second language that would not be well versed in the fifth amendment in their language let alone the definition.

Yep, the SCOTUS will undo this boondoggle.

 

[Mad Scientist]

"Hey Pig, ever hear of the 5th Amendment Right to remain Silent? I'm invoking mine. Deal with it".

I realize that dude was convicted of Murder but Rights not Exercised are Rights that are Forfeited. How many of you have ever said that? At any time?

 

[Skull Pilot]

"Hey Pig, ever hear of the 5th Amendment Right to remain Silent? I'm invoking mine. Deal with it".

I realize that dude was convicted of Murder but Rights not Exercised are Rights that are Forfeited. How many of you have ever said that? At any time?

According to the constitution rights are inherent in the person so they need not be invoked as they are already in effect.

 

[Toronado3800]

It is becoming a pretty lazy police state. Darn terrorists set us in this path in 01 and the shinin light of hope and change has disappointed me by continuing the path.

Good find for the post. Thank you.

 

[Missourian]

Which is the bigger threat, the terrorists or the government encroaching on the rights of the citizenry?

I would answer, but the government is watching...

 

[Vanquish]

The recent ruling was not a real bombshell. The decision is that where a person voluntarily and not in custody decides to talk to police but then doesn't answer a particular question, the failure to answer that question can be used against them. This case did not involve Miranda at all so it didn't involve the right against compelled testimony that Miranda protects.

I merely think you can assert your 5th amendment right and remain silent so that the interview is over. Or at least that would be my work around. Or you could immediately demand to be Mirandized. But again, this really isn't a Miranda decision.