Thread Remaining silent does not invoke one's right to remain silent. FYI

Sarcasmo

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Mar 28, 2005
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You must actually state that you do not wish to state anything.

:fly:

http://www.washingtonpost.com/wp-dyn/content/article/2010/06/01/AR2010060101378.html?hpid=topnews

The ruling comes in a case where a suspect, Van Chester Thompkins, remained mostly silent for a three-hour police interrogation before implicating himself in a Jan. 10, 2000, murder in Southfield, Mich. He appealed his conviction, saying that he invoked his Miranda right to remain silent by remaining silent.

But Justice Anthony Kennedy, writing the decision for the court's conservatives, said that wasn't enough.

"Thompkins did not say that he wanted to remain silent or that he did not want to talk to police," Kennedy said. "Had he made either of these simple, unambiguous statements, he would have invoked his 'right to cut off questioning.' Here he did neither, so he did not invoke his right to remain silent."
 

my little brony

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Oct 15, 2004
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This is why you



It's retarded on paper but in practical situations it make sense. If a person is completely silent then the police don't know whether or not the person even understands their rights. "I'm not answering questions without a lawyer." is a reasonable expectation to stop questioning.
 
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my little brony

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Based off of that article, he didn't remain silent for those 3 hours.
The officers in the room said Thompkins said little during the interrogation, occasionally answering "yes," "no," "I don't know," nodding his head and making eye contact as his responses. But when one of the officers asked him if he prayed for forgiveness for "shooting that boy down," Thompkins said, "Yes."
Exactly. Dumbass fucked himself. You can't start answering questions then stop answering them and decide that mere silence means invoking the 5th.

Retard should have either not said one goddamn word at all or not said anything to them and asked for a lawyer. Unfortunately SCOTUS can't make a decision based on a hypothetical situation, they have to base it on the case in front of them.
 

b_sinning

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No matter if you're guilty or not. The second the police act aggressive at all always ask for your lawyer to be present and say you will not speak without one present. Better safe than sorry. They will always try that bullshit that they can't help you if you ask for a lawyer but that is total bullshit.
 

Coqui

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No matter if you're guilty or not. The second the police act aggressive at all always ask for your lawyer to be present and say you will not speak without one present. Better safe than sorry. They will always try that bullsh*t that they can't help you if you ask for a lawyer but that is total bullsh*t.
Agreed, however answering with yes or no is still answering. It's not remaining silent. This isn't a wife who says talking requires more than one word responses.
 

my little brony

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No matter if you're guilty or not. The second the police act aggressive at all always ask for your lawyer to be present and say you will not speak without one present. Better safe than sorry. They will always try that bullshit that they can't help you if you ask for a lawyer but that is total bullshit.
Aggressive? Fuck that, don't speak to police without a lawyer. At all. Ever. :p Like the vid up there says, nothing you can can ever be used to help you in court.

"We'd like to ask you a few questions."

"I have nothing to say without an attorney present."

"Sir, we're not arresting you. You don't need an lawyer."

"I have nothing to say without one present, am I free to skidaddle?"

"No motherfucker, you're going to jail."

"WELL FUCK YOU AND YOUR MOTHER IT WAS THE ONE ARMED MAN YOU ASSHOLES DAMN YOU YOU BLEW IT ALL UP DAMN YOU ALL TO HELL."
 

Coqui

Piccolo Pete
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Aggressive? f*ck that, don't speak to police without a lawyer. At all. Ever. :p Like the vid up there says, nothing you can can ever be used to help you in court.

"We'd like to ask you a few questions."

"I have nothing to say without an attorney present."

"Sir, we're not arresting you. You don't need an lawyer."

"I have nothing to say without one present, am I free to skidaddle?"

"No motherf*cker, you're going to jail."

"WELL f*ck YOU AND YOUR MOTHER IT WAS THE ONE ARMED MAN YOU ASSHOLES d*mn YOU YOU BLEW IT ALL UP d*mn YOU ALL TO HELL."

You said enough. You're being arrested for using the word skidaddle.