Quote:
Originally Posted by warrrreagl
Remaining silent and invoking Miranda are not always the same thing.
|
Actually Miranda does not require you to invoke it to remain silent, but the cops don't know that is your intent without you saying so. The real problem here is the guy did not display this intent by saying so, AND he did not keep silent, he answered questions. Obviously his intent wasn't to keep silent. Either just shut the hell up altogether, or tell the cops you are not going to be answering questions. I don't see a problem with having to state intent, especially after he was read his rights before questioning, which he participated in.