"I reserve my right to remain silent"

[coolusername2007]

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SCOTUS just ruled that to exercise your right to remain silent you must, well, not remain silent. As reported by FoxNews via the AP.

http://www.foxnews.com/us/2010/06/01/supreme-court-suspects-say-want-remain-silent/

So now when encountering police you need to add another line to your repertoire of disclaimers and rights reservations...

"I reserve my rights to remain silent, to keep and bear arms, and do not consentto any searches orseizures of my person or property."

Yes these are the magical passwords that must be uttered lest you be incarcerated indefinitely for acting seditiously.

 

[Sons of Liberty]

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So, if I don't say anything, how does what I don't say get used against me? Just keep the flapper shut. After being advised of his Miranda rights, the interrogation continued. Thompkins eventually opened his mouth and essentially confessed.

If you want the interrogation to stop,just invoke your Miranda.

 

[coolusername2007]

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And he could have asked for a lawyer also. It's justfunny (as in odd or peculiar)that remaining silent must now be affirmatively asserted...which is not remaining silent.

 

[Decoligny]

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Even if you say "I hereby invoke my right to remain silent!", that in no way stops the police from continuing the interrogation. You have the right to remain silent, and the police have the right to continue to question you even if you don't make a sound. And if you do make any statement, it can and will be used against you in a court of law.

Stating four words, "I want an attorney!", on the other hand, will immediately stop all questioning until your attorney arrives. If the police ask you anything after you request your attorney, but before your attorney arrives, even if you answer, any answer given was to a question that was a violation of your rights and would thus be inadmissable in court. For any statement made after "I want an attorney!" to be admissable, they would need to prove, either by a signed statement, or a video or audio recording,that youwaived your right to anattorney before they asked any additional questions.



IANAL - The above statement is my layman's understanding and in no way represents actual legal advice.

 

[Ranchero]

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"I reserve my rights to remain silent, to keep and bear arms, and do not consentto any searches orseizures of my person or property, and this interogation may or may not be audio and video recorded from multiple devices".

 

[Ranchero]

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"I reserve my rights to remain silent, to keep and bear arms, and do not consentto any searches orseizures of my person or property, and this interogation may or may not be audio and video recorded from multiple devices".

 

[anthonyakadayday]

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Sons of Liberty wrote:

So, if I don't say anything, how does what I don't say get used against me? Just keep the flapper shut. After being advised of his Miranda rights, the interrogation continued. Thompkins eventually opened his mouth and essentially confessed.

If you want the interrogation to stop,just invoke your Miranda.

When mirandised demand your lawyer. When you do that all questions have to stop until your lawyer is present.