imported post
From Stephen Wenger's Daily DUF newsletter:
It has not been a good week for the famed Miranda warning at the hands of the Supreme Court. In decisions issued on Tuesday and Wednesday, the Court ruled that confessions should be admitted at trial even when police interviewed suspects in circumstances that lower courts viewed as Miranda violations. The Court on Wednesday issued Maryland v. Shatzer, establishing new, more permissive rules for police who want to question a suspect for a second time after the suspect invokes Miranda's right to remain silent. The Maryland case came down a day after the justices decided Florida v. Powell, in which a 7-2 majority Court said that Florida's alternative wording of the Miranda warning is acceptable, even though it does not explicitly state that a suspect has a right to have a lawyer present during questioning…
http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202444467846&src=EMC-Email&et=editorial&bu=National%20Law%20Journal&pt=NLJ.com-%20Daily%20Headlines&cn=20100225NLJ&kw=%27Miranda%27%20dealt%20one-two%20punch%20by%20high%20court&slreturn=1&hbxlogin=1
…Powell was convicted of illegally possessing a firearm after telling police he bought the weapon "off the street" for $150 for his protection. Before his confession, Powell signed a Miranda statement that included the words, "You have the right to talk to a lawyer before answering any of our questions. If you cannot afford to hire a lawyer, one will be appointed for you without cost and before any questioning. You have the right to use any of these rights at any time you want during this interview." … (Remember, if you are involved in a self-defense incident, it is best to say no more than to identify yourself as the victim of a life-threatening attack and, if applicable, to point out witnesses and physical evidence before either can disappear. It is better to spend a night in jail than to spend many years in prison – wait for an attorney!)
http://www.policeone.com/legal/articles/2008676-Supreme-Court-backs-police-on-questioning-subjects/
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Crap! now every cop in the land will have to relearn that famouse warning:
You might have the right to remain silent. Anything you say or do not say can and will be used against you in a court of law. You might have the right to an attorney. If you cannot afford an attorney, one might be appointed to you. Even if you do have an attorney, we will manipulate anything you say, or do not say based on the advice of your attorney, to use against you in a court of law. Do you understand these rights as they have been read to you? Even if we forgot to explain these rights to you, we will get to use anything you did or did not say against you in a court of law because the Supreme Court says these rights are not really real rights all the time.
I'm gonna have a stroke and lose my ability to speak. Let the cops deal with that!!
stay safe.
skidmark
From Stephen Wenger's Daily DUF newsletter:
It has not been a good week for the famed Miranda warning at the hands of the Supreme Court. In decisions issued on Tuesday and Wednesday, the Court ruled that confessions should be admitted at trial even when police interviewed suspects in circumstances that lower courts viewed as Miranda violations. The Court on Wednesday issued Maryland v. Shatzer, establishing new, more permissive rules for police who want to question a suspect for a second time after the suspect invokes Miranda's right to remain silent. The Maryland case came down a day after the justices decided Florida v. Powell, in which a 7-2 majority Court said that Florida's alternative wording of the Miranda warning is acceptable, even though it does not explicitly state that a suspect has a right to have a lawyer present during questioning…
http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202444467846&src=EMC-Email&et=editorial&bu=National%20Law%20Journal&pt=NLJ.com-%20Daily%20Headlines&cn=20100225NLJ&kw=%27Miranda%27%20dealt%20one-two%20punch%20by%20high%20court&slreturn=1&hbxlogin=1
…Powell was convicted of illegally possessing a firearm after telling police he bought the weapon "off the street" for $150 for his protection. Before his confession, Powell signed a Miranda statement that included the words, "You have the right to talk to a lawyer before answering any of our questions. If you cannot afford to hire a lawyer, one will be appointed for you without cost and before any questioning. You have the right to use any of these rights at any time you want during this interview." … (Remember, if you are involved in a self-defense incident, it is best to say no more than to identify yourself as the victim of a life-threatening attack and, if applicable, to point out witnesses and physical evidence before either can disappear. It is better to spend a night in jail than to spend many years in prison – wait for an attorney!)
http://www.policeone.com/legal/articles/2008676-Supreme-Court-backs-police-on-questioning-subjects/
---
Crap! now every cop in the land will have to relearn that famouse warning:
You might have the right to remain silent. Anything you say or do not say can and will be used against you in a court of law. You might have the right to an attorney. If you cannot afford an attorney, one might be appointed to you. Even if you do have an attorney, we will manipulate anything you say, or do not say based on the advice of your attorney, to use against you in a court of law. Do you understand these rights as they have been read to you? Even if we forgot to explain these rights to you, we will get to use anything you did or did not say against you in a court of law because the Supreme Court says these rights are not really real rights all the time.
I'm gonna have a stroke and lose my ability to speak. Let the cops deal with that!!
stay safe.
skidmark