Posted by Nick Hrkman | Care and Usage, Law Enforcement, Performance
Thursday, June 3rd, 2010 9:06 am

What the new Miranda rights Supreme Court ruling means to you

According to a recent ruling by the Supreme Court, suspects that wish to invoke their right to remain silent will now have to speak up. PoliceOne reported on the full AP story, but the key points for law enforcement officers are below:

In a narrowly split decision, the Supreme Court’s conservative majority expanded its limits on the famous Miranda rights for criminal suspects. A right to remain silent and a right to a lawyer are at the top of the warnings that police recite to suspects during arrests and interrogations. But Tuesday’s majority said that suspects must break their silence and tell police they are going to remain quiet to stop an interrogation, just as they must tell police that they want a lawyer.

This decision means that police can keep shooting questions at a suspect who refuses to talk as long as they want in hopes that the person will crack and give them some information, said Richard Friedman, a University of Michigan law professor.

“It’s a little bit less restraint that the officers have to show,” Friedman said.

Earlier this term, the high court ruled that a suspect’s request for a lawyer is good for only 14 days after the person is released from police custody — the first time the court has placed a time limit on a request for a lawyer — and that police do not have to explicitly tell suspects they have a right to a lawyer during an interrogation.

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