Quote:
Originally Posted by Iliftrocks
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.
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I generally agree with this statement. I think it should be perfectly clear and practicable to invoke your right to silence by simply staying silent. But then you actually have to not answer questions.
Ideally, I also agree that it is best to state unambiguously that you are invoking your right to silence, and that you consent neither to questions nor searches, and that you demand a lawyer. But I can envision plenty of situations where an arrestee either is incapable of such a statement, or is unaware of how the system works, or presumes that no such statement is needed, having been read their Miranda rights.
If it is fair to say that people should try to be a little more proactive about stating their intent to invoke their rights, then it is also more than fair to say police should also be much more cautious about potentially illegal questioning.
The SCOTUS should never have taken this case. And having done so, their ruling here is awful: Justice Sotomayor is entirely correct in that it turns Miranda on its head. But what did we expect? The court has moved sharply rightward, and the right wing only believes in privacy rights for people who can pay for them.