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View Diary: Supremes chisel away at Miranda. Again. (82 comments)

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  •  Lemme get this straight - (21+ / 0-)

    invoking one's right to remain silent by remaining silent ain't good enough if one should be so unfortunate as to move/twitch/cough/blink at the same time?

    Just to be clear, it seems everyone agrees this was not a custodial interrogation because Salinas knew he could have left any time. But if he did leave, according to the majority opinion that, too, could have been used to argue adverse inferences.  

    Talk about Hobson's choice ....  Damned if we do; damned if we don't.  

    Out with the gloomage - in with the plumage!

    by mikidee on Mon Jun 17, 2013 at 10:02:28 AM PDT

    •  The lawyer's utopia (4+ / 0-)

      rights only exist if you have a lawyer who can defend them.

      What are you doing to fight the dangerous and counterproductive error of treating dirtbag terrorist criminals as though they were comic book supervillains? I can't believe we still have to argue this shit, let alone on Daily Kos.

      by happymisanthropy on Mon Jun 17, 2013 at 10:58:56 AM PDT

      [ Parent ]

    •  Well (4+ / 0-)
      Recommended by:
      deep info, gsbadj, mikidee, SquatButt

      Salinas walked into a trap, that I hope no one here ever does:

      There is absolutely no reason, whatsoever, for talking to the police without a lawyer present and some written guarantee of immunity.

      Assume everything you say to an officer will be recorded and twisted around to convict you, so act accordingly.

      If you didn't do it, STFU and get a lawyer. Answering questions or "chatting" with the police will screw you the first time you a) tell an unrelated white lie, and/or b) say just enough to give someone reasonable doubt that you were involved, somehow.

      If you DID do it, then REALLY STFU and get a lawyer.

      Remember: the police are not your friend. They do not want to help you. They want to put your skinny butt in jail and will do whatever it takes to accomplish their goal.

      “Make it a rule of life never to regret and never to look back. Regret is an appalling waste of energy; you can't build on it; it's only for wallowing in.” — Katherine Mansfield

      by Simolean on Mon Jun 17, 2013 at 11:00:02 PM PDT

      [ Parent ]

      •  As i used to tell them... (1+ / 0-)
        Recommended by:

        ... "next time, don't say nothing to nobody about nothing."  In spite of the grammar, they got the message.

        "Unseen, in the background, Fate was quietly slipping the lead into the boxing glove." P.G. Wodehouse

        by gsbadj on Tue Jun 18, 2013 at 04:21:39 AM PDT

        [ Parent ]

      •  in my life I've been stopped by cops or approached (3+ / 0-)
        Recommended by:
        wxorknot, soros, DSPS owl

        by cops who just "want to ask me a few questions".  I always respond by asking "Am I being detained?" If the answer is "yes". I follow with "I have nothing to say until I've seen a lawyer". And if the answer is "no", then I follow with "Then I respectfully decline to discuss with you my lawful business.  Am I free to go?"

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