rather it means you haven't stated either way if you will be exercising your Miranda rights. Hence, they can continue questioning. Until such time as you do definitively exercise said rights.
The implication of silence is now a waiver for the right to remain silent. Before they could not continue questioning you for hours if you remained silent because the constructive implication is you were electing to use your right to remain silent. Now, that legal construction is gone and the cops WILL abuse it. In addition, if you do not know the amount of pressure that can be brought to bear on an innocent person during an interrogation I suggest you do a quick Google search on the innocence project and false confessions.
SCOTUS Update: Right to remain silent? Suspect better speak up -
01/06/2010 07:53:14 PM
- 1101 Views

What I don't like about this decision...
01/06/2010 08:21:02 PM
- 685 Views
I think the only potential issue is if the person didn't understand the Miranda warning.
01/06/2010 10:37:42 PM
- 618 Views
that is an odd way of looking at it
01/06/2010 11:58:12 PM
- 631 Views
I'm more referring to the almost "magic words" that Kennedy introduces here.
02/06/2010 12:18:07 AM
- 650 Views
So we should not allow police to question people at all?
02/06/2010 12:31:27 AM
- 582 Views
You won't hear me complain if the Miranda rights are scaled back a bit.
02/06/2010 12:40:23 AM
- 578 Views
Forgot to mention - the 5-4 decision was split between cons and libs, but.....
01/06/2010 08:36:41 PM
- 584 Views
This seems reasonable to me.
01/06/2010 09:47:34 PM
- 656 Views
I'm stunned. Your response was reasoned, logical and concise. What have you done with Joel?
01/06/2010 10:43:22 PM
- 623 Views
Joel is going to be so pissed when he finds out that you logged onto his account.....
02/06/2010 01:42:50 AM
- 637 Views
Hey deaf people who can't speak... pound sand.
01/06/2010 09:55:41 PM
- 717 Views
well the deaf can simply close their eyes and end the interview
02/06/2010 12:26:31 AM
- 610 Views
Re: well the deaf can simply close their eyes and end the interview
02/06/2010 03:57:35 AM
- 621 Views
you are often questioned by the police? What are you doing to make that happen?
02/06/2010 03:35:47 PM
- 660 Views
This decision is a setback for us all.
01/06/2010 10:10:51 PM
- 726 Views
No it isn't.
01/06/2010 10:42:06 PM
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Re: No it isn't.
01/06/2010 11:26:07 PM
- 653 Views
Teach people to say "I'm not saying anything until my lawyer gets here." Period. *NM*
02/06/2010 12:38:24 AM
- 258 Views
Close, but not cigar.
02/06/2010 01:30:19 AM
- 664 Views
if they catch more bad guys is that a bad thing? *NM*
02/06/2010 01:50:12 AM
- 275 Views
Would you be okay with the prohibition of firearms if it lowered the crime rate?
02/06/2010 02:18:26 AM
- 625 Views
You are at the intersection of bull and shit.
02/06/2010 04:00:32 PM
- 647 Views
I am confused
01/06/2010 11:09:14 PM
- 634 Views
Re: I am confused
01/06/2010 11:15:07 PM
- 566 Views
ummm, no...
02/06/2010 12:13:59 AM
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Re: ummm, no...
02/06/2010 01:38:54 AM
- 600 Views
Nothing has changed
02/06/2010 01:56:08 AM
- 601 Views
Except you risk waiving them unless you specifically say you want to use them.
02/06/2010 04:07:51 AM
- 618 Views
not surprising that people who use phrases like "Police State of America" believe that
02/06/2010 03:24:25 PM
- 620 Views
As far as I can tell, this changes nothing and simply maintains the status quo.
01/06/2010 11:27:36 PM
- 629 Views
For those who don't understand the techniques of police interrogation let me make this clear.
02/06/2010 01:57:51 AM
- 677 Views
Good advice
02/06/2010 04:00:45 AM
- 566 Views