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
1105 Views
- 01/06/2010 07:53:14 PM
1105 Views
What I don't like about this decision...
- 01/06/2010 08:21:02 PM
689 Views
I think the only potential issue is if the person didn't understand the Miranda warning.
- 01/06/2010 10:37:42 PM
622 Views
*NM*
that is an odd way of looking at it
- 01/06/2010 11:58:12 PM
635 Views
I'm more referring to the almost "magic words" that Kennedy introduces here.
- 02/06/2010 12:18:07 AM
654 Views
So we should not allow police to question people at all?
- 02/06/2010 12:31:27 AM
586 Views
You won't hear me complain if the Miranda rights are scaled back a bit.
- 02/06/2010 12:40:23 AM
582 Views
Forgot to mention - the 5-4 decision was split between cons and libs, but.....
- 01/06/2010 08:36:41 PM
590 Views
This seems reasonable to me.
- 01/06/2010 09:47:34 PM
661 Views
I'm stunned. Your response was reasoned, logical and concise. What have you done with Joel?
- 01/06/2010 10:43:22 PM
626 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
641 Views
Hey deaf people who can't speak... pound sand.
- 01/06/2010 09:55:41 PM
721 Views
well the deaf can simply close their eyes and end the interview
- 02/06/2010 12:26:31 AM
614 Views
Re: well the deaf can simply close their eyes and end the interview
- 02/06/2010 03:57:35 AM
625 Views
you are often questioned by the police? What are you doing to make that happen?
- 02/06/2010 03:35:47 PM
664 Views
This decision is a setback for us all.
- 01/06/2010 10:10:51 PM
730 Views
No it isn't.
- 01/06/2010 10:42:06 PM
648 Views
Re: No it isn't.
- 01/06/2010 11:26:07 PM
659 Views
Teach people to say "I'm not saying anything until my lawyer gets here." Period. *NM*
- 02/06/2010 12:38:24 AM
260 Views
Close, but not cigar.
- 02/06/2010 01:30:19 AM
669 Views
if they catch more bad guys is that a bad thing? *NM*
- 02/06/2010 01:50:12 AM
277 Views
Would you be okay with the prohibition of firearms if it lowered the crime rate?
- 02/06/2010 02:18:26 AM
629 Views
You are at the intersection of bull and shit.
- 02/06/2010 04:00:32 PM
651 Views
I am confused
- 01/06/2010 11:09:14 PM
638 Views
Re: I am confused
- 01/06/2010 11:15:07 PM
570 Views
ummm, no...
- 02/06/2010 12:13:59 AM
667 Views
Re: ummm, no...
- 02/06/2010 01:38:54 AM
605 Views
Nothing has changed
- 02/06/2010 01:56:08 AM
605 Views
Except you risk waiving them unless you specifically say you want to use them.
- 02/06/2010 04:07:51 AM
622 Views
not surprising that people who use phrases like "Police State of America" believe that
- 02/06/2010 03:24:25 PM
624 Views
As far as I can tell, this changes nothing and simply maintains the status quo.
- 01/06/2010 11:27:36 PM
634 Views
For those who don't understand the techniques of police interrogation let me make this clear.
- 02/06/2010 01:57:51 AM
681 Views
Good advice
- 02/06/2010 04:00:45 AM
570 Views