I don't know the specifics of the law so I'm not calling you out on this, just asking a question. That question being, "what would have kept an unscrupulous cop from deciding it wasn't clear?" Was there anything in the law that forced them to stop at a certain point, or just to use their judgment? Even in the latter case, I would assume they'd get at least 5-10 minutes of badgering before they had to throw in the towel. With the new ruling, a person can stop it before it even begins. If anything, this is an expansion of a person's rights.
The main thing that kept the cops from continuing to interrogate after they realized a person was electing to use their right to remain silent is a rule of exclusion, which is called "the fruit of the poisonous tree." Basically, if cops violate your constitutional rights and get evidence based on that violation, the evidence is inadmissible in court. It is a big deterrent because cops do not want to violate your rights, have you tell them where the body is buried, and then have any evidence gathered from the body held to be inadmissible in court. The Supreme Court put out such a harsh rule because cops were violating peoples Constitutional rights like mad, and something had to be done about it. Since the advent of the poisonous tree doctrine, cops are far more careful about violating a suspects rights, which is something every American should be grateful for.
As far as "clarity required" the previous default option was you were NOT waiving your rights. If you were completely silent for a long period of time where a reasonable person could recognize you were exercising your right to remain silent, the police had to stop. Now, there is no such thing stopping them. I know the point seems like a minor theoretical difference from the original position, but it has huge practical effects for those persons in custody. I could now make statements all day about I want to be silent, but without the magic words I may not get that right. Some cops will be good and realize it is time to back off, but for those who many not be as good the Supreme Court just gave them a golden ticket.
This message last edited by PerrinWT on 02/06/2010 at 01:51:10 AM
SCOTUS Update: Right to remain silent? Suspect better speak up -
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
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
At what point did that happen?
02/06/2010 01:26:13 AM
- 589 Views
Re: At what point did that happen?
02/06/2010 01:48:52 AM
- 708 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
- 604 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