The US Supreme Court (SCOTUS) published its opinion in Berghuis v. Thompkins on Tuesday, stating that invoking the right to remain silent requires the suspect to make an actual announcement that he does not want to speak to the police.
The right to remain silent is a major portion of the Miranda decision, as is the right to counsel. The court, clarifying the silence aspect of Miranda, followed their previous thinking which holds that the suspect must make a request for counsel before he is considered to have ‘invoked.’
Curiously, the decision was a narrow 5-4, even though the case seemed fairly straightforward. The latest SCOTUS appointee, Justice Sotomayor, wrote the opinion for the minority.
Related posts:
Did you happen to see what Justice Sotomayor wrote. I haven’t seen the actual full opinion, but I’ve seen a summary that shows that she will be no friend to law enforcement. From what I read she basically was blasting the Court for reversing years of protections (or what she wants there to be).
Funny, for years now cops have been trained that the suspect has to actually say they want an attorney or that they do not want to talk to police for the protections of Miranda to apply. And previous SCOTUS decisions have solidified that belief by declaring that a suspect’s silence does not invoke the protections. In some cases even the suspect saying that he does not want to talk about the crime has not invalidated later confessions, because the suspect did not ask for an attorney or say that he/she did not want to talk to police at all. Anyone who has worked a homicide case or a sexual offense knows that the suspect DOES NOT want to talk to the police. In many cases it is the fact that investigators don’t give the suspect an easy out (sitting there silent or saying they don’t want to talk about it), that ultimately wears the suspect down to the point that “the gig is up” and they confess.
And this type of investigative tool is supported by the Supreme Court! Or perhaps I should say at least 5 of the justices. SCARY!
Nothing in what I’ve said is meant to support illegal interrogations, violations of Miranda protections, or using coersion or force. What I’m saying is that the Supreme Court lays out the rules. When law enforcement follows the rules and another scum bag is taken off of the street, everyone should applaud the proper administration of JUSTICE! What Sotomayor has shown is that in spite of this common sense approach she’d rather cry about the dirt bag and the mean cops who got a confession, than upholding the law and protecting the VICTIMS and society from that scum bag!
The perfect product for suicidal iPhone users.