cross-posted from: https://lemdro.id/post/28115777

you are viewing a single comment's thread
view the rest of the comments
[–] 15 points 7 months ago (2 children)

This is not entirely accurate.

If you clam up pre-Miranda warning, it can be used against you (if you didn’t specifically exercise your rights).

Case law about this: https://supreme.justia.com/cases/federal/us/570/178/

Post-Miranda warning, there’s no issue. The warning literally advises you of your right to be silent.

  • source
  • parent
  • hideshow 4 child comments
  • [–] 22 points 7 months ago

    That's not entirely accurate:

    https://en.wikipedia.org/wiki/Berghuis_v._Thompkins

    Your fifth amendment rights haven't been invoked until you say so. The Miranda warning isn't a guide for how to invoke the rights, just a notification that you have them.

    Now, it's ridiculous that we've ended up here and it was a terrible ruling, both of them, but if you're just quiet you haven't invoked your right to silence anymore than you've invoked your right to legal counsel.
    Which is a hell of a position for the court to take on coerced confessions.

  • source
  • parent