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(Chicago Breaking News)   You HAD a right to remain silent   (chicagotribune.com) divider line 394
    More: Scary, Justice Antonin Scalia, supreme court ruling, web designers, state prisons  
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48430 clicks; posted to Main » on 24 Feb 2010 at 5:16 PM (4 years ago)   |  Favorite    |   share:  Share on Twitter share via Email Share on Facebook   more»



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2010-02-24 01:04:02 PM  
i623.photobucket.com
HOT!
 
2010-02-24 01:12:21 PM  
You still do. The decision merely makes it so the police can annoy and harass you into talking. The only thing this ruling does is reaffirm the old notion that you NEVER TALK TO THE POLICE no matter how much they lie to you and tell you it'll be easier and they'll be willing to ignore your crime if you just tell them you committed it.
 
2010-02-24 01:17:53 PM  
but they can harass me even if i request a lawyer. would they use enhanced interrogation techniques?
 
2010-02-24 01:20:18 PM  
"Charge me or release me. If charged I will not say another word until my lawyer is present." Then STFU.
 
2010-02-24 01:33:22 PM  
2wolves: "Charge me or release me. If charged I will not say another word until my lawyer is present." Then STFU.

FTFY
 
2010-02-24 02:04:34 PM  
learn the two great things in life-never rat on your friends and always keep your mouth shut.
 
2010-02-24 02:05:06 PM  
This is hardly a slippery slope...I wouldn't think Miranda warnings would apply two weeks later, long after you've been released and free.
 
2010-02-24 02:07:02 PM  
robmilmel: learn the two great things in life-never rat on your friends and always keep your mouth shut.

the first one to rat is the one that goes free.
 
2010-02-24 02:14:17 PM  
Trivia Jockey: This is hardly a slippery slope...I wouldn't think Miranda warnings would apply two weeks later, long after you've been released and free.

My thought too.
 
2010-02-24 02:16:19 PM  
If there has been a "break in custody" and the suspect has gone free, Scalia said the police should be allowed to speak with him after some period of time. "It seems to us that period is 14 days," he said. "That provides plenty of time for the suspect to get re-acclimated to his normal life (and) to consult with friends and counsel."

Interesting. Scalia believes that the SCOTUS shouldn't have "invented" the trimester rule that Roe v. Wade was based on. Yet he thinks they can just pull "14 days" out of their assholes?

My God that man is a dick.
 
2010-02-24 02:16:26 PM  
This doesn't strike me as a wholly unreasonable ruling. If you go free, then two weeks later agree to talk, they SHOULD be able to use that against you. There is nothing stopping you from refusing to speak without a lawyer present at that time, either. I haven't read the entire opinion yet, however, so I might have to alter that thought at some point.

Plus, notably, this was a 9-0 decision.
 
2010-02-24 02:23:49 PM  
dahmers love zombie: Interesting. Scalia believes that the SCOTUS shouldn't have "invented" the trimester rule that Roe v. Wade was based on. Yet he thinks they can just pull "14 days" out of their assholes?

My God that man is a dick.


The fact that you make me defend Scalia is evidence enough that you have no given nearly enough thought to realize the sharp distinctions between trimesters in abortions and 14 days in a criminal investigation.
 
2010-02-24 02:25:17 PM  
ONLY correct answer to a cop's question is: "Am I free to go?" If the reply is NO then the only correct response from you is: "I would like to call a lawyer." Then STFU. ANYTHING a cop says after this is probably a lie or flat out bullying. Don't fall for it. Remember names and badge numbers, your lawyer will know what to do with those.
 
2010-02-24 02:27:32 PM  
"I want my lawyer."

repeat if necessary.
 
2010-02-24 02:30:09 PM  
Just to be clear...you never have to talk to the police...ever.

If they start questioning you, you only have to ask if you're under arrest...which gives them a right to detain you...but you STILL do not have to talk. Even with an attorney present, you don't need to talk.

/former cop
 
2010-02-24 02:30:26 PM  
I'm amazed at the volume of Miranda jurisprudence out there. There are apparently a huge number of people out there who are read their rights, waive them, confess to a crime, then challenge the confession.
 
2010-02-24 02:33:19 PM  
Never, ever, never, ever talk to the cops without a lawyer present. I don't care if a cop asks you for the time of day - don't give him an answer without consulting a lawyer first.
 
2010-02-24 02:43:29 PM  
El Chode: dahmers love zombie: Interesting. Scalia believes that the SCOTUS shouldn't have "invented" the trimester rule that Roe v. Wade was based on. Yet he thinks they can just pull "14 days" out of their assholes?

My God that man is a dick.

The fact that you make me defend Scalia is evidence enough that you have no given nearly enough thought to realize the sharp distinctions between trimesters in abortions and 14 days in a criminal investigation.


14 days and trimesters are both arbitrary numbers.

Why not 21 days? 10 days? what is so special about 14 days that it is deemed "enough" and not just as arbitrary as "trimesters"?

/not that I disagree with the ruling, just sayin' that 14 days is no less arbitrary than 13 or 15.
 
2010-02-24 02:43:48 PM  
God Bless you Scalia!

img29.imageshack.us

You worthless piece of shiat. I swear to god, I'm convinced he owns most of the Prisons in America.
 
2010-02-24 02:46:19 PM  
Talon: /not that I disagree with the ruling, just sayin' that 14 days is no less arbitrary than 13 or 15.

Sure, if you want to slice it up like that it sure seems arbitrary, but the abortion cases are supposed to reflect at least some sort of scientific metric and are not nearly as arbitrary.

An artificial creation such as a time frame for questioning, which has no real rational basis to begin with, doesn't demand nearly such an explicit requirement on time.

My point is merely that whether or not you believe the time requirement in abortion cases to be arbitrary, it hardly makes sense to compare it to a questioning timeframe in an investigation.
 
2010-02-24 02:47:07 PM  
NewportBarGuy: You worthless piece of shiat. I swear to god, I'm convinced he owns most of the Prisons in America.

He certainly does seem to want to put most of this country behind bars.

meh. all this ruling means is that I cannot trust the police. which is something I already know. never talk to a cop without a lawyer present. Period. or at least consult a lawyer first.
 
2010-02-24 02:49:20 PM  
As someone who is friends with a few cops, I really hate admitting that all of the people on the "never talk to the police" bandwagon are correct, but only because they're generally nice people and I hate to see their jobs get even more difficult than it already is.
 
2010-02-24 02:52:20 PM  
Weaver95: NewportBarGuy: never talk to a cop without a lawyer present. Period. or at least consult a lawyer first.

Honest question: How far do you take this? Speeding tickets? Just walking by?
 
2010-02-24 02:53:52 PM  
highmuseum.files.wordpress.com
RIP Miranda
 
2010-02-24 02:57:54 PM  
Shilldog: Weaver95: NewportBarGuy: never talk to a cop without a lawyer present. Period. or at least consult a lawyer first.

Honest question: How far do you take this? Speeding tickets? Just walking by?


anything more serious than a speeding ticket.
 
2010-02-24 03:03:45 PM  
Weaver95: Shilldog: Weaver95: NewportBarGuy: never talk to a cop without a lawyer present. Period. or at least consult a lawyer first.

Honest question: How far do you take this? Speeding tickets? Just walking by?

anything more serious than a speeding ticket.


Huh? I never say anything, even in a ticket. Nothing of substance at least, I just do my best to be amenable, polite, and friendly...and dumb. If they ask me questions, I just smile. I find this to be the best approach at DUI checkpoints also because my blood is usually curdling by that point and I know I'd say something with enough anger that they'd search me just out of spite.
 
2010-02-24 03:04:59 PM  
El Chode: DUI checkpoints

I still can't believe those are constitutional.
 
2010-02-24 03:08:33 PM  
NewportBarGuy: El Chode: DUI checkpoints

I still can't believe those are constitutional.


I'm sitting in a class right now discussing just how constitutional they are...which is partially why I'm so worked up as it is. Stevens is the only rational voice on the issue, and he's set to depart.
 
2010-02-24 03:13:05 PM  
Well, I guess I got nothin' because I didn't even KNOW you couldn't be requestioned 2.5 years later before this.
 
2010-02-24 03:13:47 PM  
If you haven't seen this, it's long but worth the watch.

Part 1 is from a criminal defense attorney and law professor (talks fast and is surprisingly entertaining.

Part 2 is from a long time cop.

Don't talk to Police - Part 1 (new window), Part 2 (new window)
 
2010-02-24 03:14:54 PM  
They should tack on a line at the end of Miranda: "This offer good for 14 days"
 
2010-02-24 03:35:57 PM  
slayer199: Just to be clear...you never have to talk to the police...ever.

If they start questioning you, you only have to ask if you're under arrest...which gives them a right to detain you...but you STILL do not have to talk. Even with an attorney present, you don't need to talk.

/former cop


Another former cop checking in to remind you to shut the fark up. Your lips, keep them closed. Invoke your right to not speak. Zip it, zip it good. Shh. I've got a bag of shh here with your name all over it.

And be polite, say you would like a lawyer, please and say no more. It will save you the yes very illegal but still very painful beating some no neck, roid raged thug in uniform will dole out.

/very glad to have left that life behind
 
2010-02-24 03:58:39 PM  
El Chode: You still do. The decision merely makes it so the police can annoy and harass you into talking. The only thing this ruling does is reaffirm the old notion that you NEVER TALK TO THE POLICE no matter how much they lie to you and tell you it'll be easier and they'll be willing to ignore your crime if you just tell them you committed it.

And you still have to waive your rights again when they come back around.

As a son of a cop, the rule is always "DO NOT TALK TO COPS, PERIOD".
 
2010-02-24 04:08:03 PM  
NewportBarGuy: I still can't believe those are constitutional.

They're for the children, dude. Don't worry about the Constitution.
 
2010-02-24 04:08:49 PM  
Shilldog: Weaver95: NewportBarGuy: never talk to a cop without a lawyer present. Period. or at least consult a lawyer first.

Honest question: How far do you take this? Speeding tickets? Just walking by?


What part of "NEVER" did you miss?
 
2010-02-24 04:28:59 PM  
I understand the concept of "don't talk to cops"... but I think there's a slightly more varied reality out there.

By not talking to cops, you're ASKING them to do everything they can in their power to arrest you. Where often times being polite and somewhat open (not admiting a crime) will cause them to just let you go on their way to deal with more important things.

I have a hard time beliving a cop who pulled you over for something minor, after you give the immediate "am I under arrest or free to go?" deal... isn't going to try their hardest to find a reason to arrest you.

I've been caught speeding many times, even gave the old "I don't know how fast I was going, sorry, I may have been a bit over the speed limit"... and gotten off with no ticket. Many times.
 
2010-02-24 04:32:09 PM  
Maybe the police should have to continually give the Miranda warning during interrogations in order to protect the very stupid and the very guilty:

"You have the right to remain silent. Anything you say will be used against you in a court of law. You have the right to an attorney. You should call one right now if you haven't already. He'd tell you to shut up if he were here right now, but we did have a few questions that you definitely should not answer. We're curious about that dead body we found in your house, but you absolutely should not tell us who she was and instead contend that the officers conducted an illegal search when they burst into your house because they heard her screaming, especially if she was your wife because then the screams were clearly covered under spousal privilege. And for God's sake don't explain why the officers found you repeatedly stabbing her and about how they tased you when you came at them with the knife, save all that for the police brutality lawsuit you should definitely file against the police. Better keep your trap shut about that dismembered teenager we found in your freezer, too. Jesus, where the hell is your lawyer?? I'm getting sick of this."
 
2010-02-24 04:39:29 PM  
lajimi: Shilldog: Weaver95: NewportBarGuy: never talk to a cop without a lawyer present. Period. or at least consult a lawyer first.

Honest question: How far do you take this? Speeding tickets? Just walking by?

What part of "NEVER" did you miss?


So you get pulled over for 70 in a 65, and demand a lawyer? You're an asshole. If not, you're an idiot.
 
2010-02-24 04:51:21 PM  
slayer199: Don't talk to Police - Part 1 (new window), Part 2 (new window)

Wow, great video, very good stuff.


downstairs: I understand the concept of "don't talk to cops"... but I think there's a slightly more varied reality out there.

By not talking to cops, you're ASKING them to do everything they can in their power to arrest you. Where often times being polite and somewhat open (not admiting a crime) will cause them to just let you go on their way to deal with more important things.


And you should really watch it.
 
2010-02-24 04:59:18 PM  
Shilldog: So you get pulled over for 70 in a 65, and demand a lawyer? You're an asshole. If not, you're an idiot.

No, you don't talk to the cop. He didn't say to demand your lawyer. You hand him your license, registration and insurance card. There is no conversation required.
 
2010-02-24 05:03:03 PM  
real shaman: Shilldog: So you get pulled over for 70 in a 65, and demand a lawyer? You're an asshole. If not, you're an idiot.

No, you don't talk to the cop. He didn't say to demand your lawyer. You hand him your license, registration and insurance card. There is no conversation required.


Ah Ok. I guess I figured there'd have to be some form of conversation. Course I've talked myself out of every ticket I should have gotten, but that is probably because I've gotten the 90% nice cops that are out there.

Sorry for how trolly my "asshole or idiot" comment sounded on rereading it, lajimi.
 
2010-02-24 05:09:20 PM  
badger badger badger badger badger self incrimination self incrimination
 
2010-02-24 05:17:02 PM  
I have heard from several police I know that if you see a crime and report it, you are immediately a suspect in that crime. It's standard operating procedure. Never talk to police without legal council, ever.
 
2010-02-24 05:21:19 PM  
My wife HAS the right to remain silent, I just wish she'd use it once in a while.
 
2010-02-24 05:21:25 PM  
Shilldog: Weaver95: NewportBarGuy: never talk to a cop without a lawyer present. Period. or at least consult a lawyer first.

Honest question: How far do you take this? Speeding tickets? Just walking by?


Yes.
 
2010-02-24 05:22:21 PM  
A crime suspect who invokes his "right to remain silent" under the famous Miranda decision can be questioned again after 14 days, the Supreme Court ruled Wednesday. And if he freely agrees to talk then, his incriminatory statements can be used against him.

Still has the right to remain silent. Reading fail
 
2010-02-24 05:24:05 PM  
dahmers love zombie: Interesting. Scalia believes that the SCOTUS shouldn't have "invented" the trimester rule that Roe v. Wade was based on. Yet he thinks they can just pull "14 days" out of their assholes?

My God that man is a dick.


Don't forget about Scalia's appearance on 60 Minutes not too long ago where he said that brutality/torture was okay to get information from a suspect, but not to punish him.

/yes, he said that
//on 60 Minutes
 
2010-02-24 05:24:33 PM  
Y'all are worried about DUI checkpoints? Heck in my town they have (ostensible) drivers license checkpoints where they can hit you with whatever the heck they want. Luckily I'm fairly pale so they don't give me too much guff. Anyone swarthy and darker get it real good from them. But it's all for your protection.
 
2010-02-24 05:26:20 PM  
robmilmel [TotalFark] Quote 2010-02-24 02:04:34 PM
learn the two great things in life-never rat on your friends and always keep your mouth shut.


He did it!

I have no friends.

Now I know why.
 
2010-02-24 05:27:13 PM  
So wait, you can just say you don't want to talk after the 14 days, right? Is that not true? I mean, a cop can't just break into your house, tie you to a chair, and start talking.

This is the furthest thing from a big deal that there has even been. But I guess "You have to tell someone no twice a month now," doesn't make such an eye catching headline.
 
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