| Wednesday October 22nd 2014

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Supreme Court: Suspects must explicitly invoke Miranda rights


What they said is, you have every right to keep remaining silent as long as you want, but the police can keep questioning you until you tell them that you are choosing to remain silent according to your Miranda rights. miranda rightsThe case involved a guy who stayed silent for 3 hours and then finally answered a question in a way that incriminated him, and his claim was that they should have interpreted his original silence as invoking his rights.

Want to invoke your right to remain silent? You’ll have to speak up.

In a narrowly split decision, the Supreme Court’s conservative majority expanded its limits on the famous Miranda rights for criminal suspects on Tuesday — over the dissent of new Justice Sonia Sotomayor, who said the ruling turned Americans’ rights of protection from police abuse “upside down.”

A right to remain silent and a right to a lawyer are at the top of the warnings that police recite to suspects during arrests and interrogations. But Tuesday’s majority said that suspects must break their silence and tell police they are going to remain quiet to stop an interrogation, just as they must tell police that they want a lawyer.


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