Learned something new today

[TxBrandy]

"
The high court said for the first time that a suspect's request for a lawyer is good for only 14 days after the person is released from police custody. The 9-0 ruling pulled back from an earlier decision that said that police must halt all questioning for all time if a suspect asks for a lawyer.


Police can now attempt to question a suspect who asked for a lawyer — once the person has been released from custody for at least two weeks — without violating the person's constitutional rights and without having to repeat the Miranda warning.


"In our judgment, 14 days will provide plenty of time for the suspect to get reacclimated to his normal life, to consult with friends and counsel and to shake off any residual coercive effects of his prior custody," said Justice Antonin Scalia, who wrote the majority opinion.


And finally, the court's conservatives used their 5-4 advantage to rule that suspects must break their silence and tell police they are going to remain quiet if they want to invoke their "right to remain silent" and stop an interrogation, just as they must tell police that they want a lawyer."

[yardape]

You're looking at SCOTUS trying to deal with some police practices that spin from the tactic generally described as, "Question first, then warn," or "Going around Miranda." You see a lot of stuff in the cases about "attenuation" and "break in the chain." It's been going on for 25 years or longer. I guess they decided they needed to lay down some brighter-line rules or they were never going to escape having to decide as many as a half-dozen Miranda cases every year. Criminal defense attorneys will need to know their own States' custodial interrogation-confession laws backwards & forwards and be alert to the possibility that an incriminating statement could have been obtained by coercion or inducements as opposed to technical violations of Miranda. That'll still keep a confession out.

[TxBrandy]

In looking at this 14 day rule - am I right to assume that I can still remain silent and still seek counsel for 14 days after being released? Then they would have to re-mirandize me for the same charge?

[yardape]

Presumptively, as I recall the case.

LE could try to get around a failure to re-Mirandize you by claiming you spontaneously volunteered an incriminating statement. Or if they approached you and established custody and you let your mouth put the cuffs on you they could try to rely on one of Miranda's exceptions from earlier cases, like emergency or public safety. But LE would have the burden to prove the exception applies.

[Sidewinder]

The rule is this: If the police pull you in, you say NOTHING beyond "I want an attorney, NOW." No matter WHAT they say, you reply "I want an attorney, NOW." Those are the ONLY words you say to them. Until they give you an attorney, you say NOTHING but those five words.

[Dharma]

Do you mean we shouldn't say "this one time at band camp"? Just yanking your chain. There's a thread on what to do and not do somewhere around here.

http://www.eccie.net/showthread.php?...%27re+arrested

That's not it but would someone post the link to the thread?

[TxBrandy]

I wrote an article (or I should say copied and pasted) an article in the first issue of my newsletter about what to do when being questioned by the police. Which of course is say nothing. Apparently now though you have to tell them that you are saying nothing so that when you say nothing they can't use it against you. Wait.. what?

Did they just change this crap in order to confuse people?

[Lacey Companion]

It's all designed to tax us with the burden of proving our innocence and they secretly meet in the smoke to figure out how to shift your funds to their purposes. The next level of people are unaware of the vast control of the top people but are masters of applying the principals... both knowingly and unknowingly, dependent upon who you are; as some of this gear is ran by inherent operation with no question of purpose or tactics discussed; just jurisprudence and cash for clean up at so many levels in a world designed by chaos and defined by power to the fact that we are stuplified and blind (if you will). So we smile and make somebody's day and hope we don't get caught in such a societal trap of the top 1%... hmmm, seems the choice is to be illegal, immoral or both no matter what we represent!

Kinda the same idea as seven different uses for the word "FUCK"...lol

Geez, maybe if someone opened this thread up to the media we might get a lil respect as not being the hosers and hose-monsters living up to our necks with drugs and filth: as the brain washed 'outsiders to the hobby' tend to believe- because they too operate inherently; especially in the thinking department. After all, I am your sister, your daughter, your mother and (roflmao) your "fucking" X... and that's in the literal form of "Fuck"...

But you guys are right "shutting the FUCK" up (see, there it is again) is what you have to do in this country. It's our founding principals and thrives today in all walks of life... good, bad or ugly... nothing at all like the ants.

*BIG GRINS*