them your ID and tell them I am remaining silent as the Constitution allows.
If you say anything, if it's appropriate, ask for a lawyer if you can't afford one. If you have a family lawyer, call him/her as soon as you can.

"Am I being detained, and if not, then I'm leaving. Always first ask if you're being detained, nothing else.
Also, unlike what you see on Law & Order, unless they're arresting you, you DO NOT have to go the the police station for a "friendly chat/clear things up".

"Am I under arrest or am I free to go?" until it was ingrained in my mind.

that should be the first thing you say to them, if they say you're being detained, the next thing you should say is read me my rights and I want a lawyer and then don't say another word.

And "I want a lawyer" is enough.

I agree with some other DUers on this issue. In dealing with LE, you have to explicitly express your intentions to invoke your Constitutional rights when being questioned. Then, keep your trap shut.

That was the big mistake he made, well , second mistake. First was committing the crime.

You must identify yourself, yes, but you also must actively invoke the 5th, or all kinds of shit continues to happen to you. Extended interviews (interrogation), etc.

National Lawyer's Guild said we would not even have to identify ourselves at all. Of course, not doing so would make it harder for our colleagues still free to bail us out. But detainees have no obligation to speak one word at all, acc. to the NLG. The burden is entirely upon the police and prosecutors. You can zip your lip and not say a fucking thing.

I am not an attorney so I may be omitting one or more crucial considerations as to the ramifications of so doing.

Post 2010, that is a ... I won't say 'hazardous', but a plan of action that will keep you not only detained longer, but interrogated longer.

the idea was that the burden of id'ing a detainee falls entirely on the gov't and not on a detainee to assist the gov't.

The supreme court ruled a few years ago that you must INVOKE your right to remain silent. That 'interviews' (interrogation by any other reasonable estimate) can continue until a suspect INVOKES the right, regardless of whether they have clammed up.

Clamming up isn't invoking the 5th.

You MUST state that you refuse to answer questions and would like legal counsel, or the government will continue to harangue you for information to convict you.


Yes, the Miranda warning could use an update.

And I don't see where is says I must invoke my right to remain silent.

As an originalist, I should think Scalia and Thomas would have voted with the minority.

Not mine.

(Granted, Kennedy and the rest of the court that is conservative set that finding)

Silence is, per current case law, considered ambiguous. A prisoner must unambiguously assert that right.
This goes back to BERGHUIS, WARDEN v. THOMPKINS, 2010.
http://www.supremecourt.gov/opinions/09pdf/08-1470.pdf

I was simply pointing out that our "originalists" on the court hold no such philosophy.

Scalia and Thomas were in the majority in that decision.

I would more likely say 'they are not consistent)

These Justices do not hold originalist philosophies.

Same page then. I misunderstood or read into your intent in a unintended way.

I am always much clearer in my mind than in reality.

In the late 1700s there was no conception of Miranda rights or anything like that.

http://www.aclu.org/drug-law-reform-immigrants-rights-racial-justice/know-your-rights-what-do-if-you

YOUR RIGHTS
- You have the right to remain silent. If you wish to exercise that right, say so out loud.
- You have the right to refuse to consent to a search of yourself, your car or your home.
- If you are not under arrest, you have the right to calmly leave.
- You have the right to a lawyer if you are arrested. Ask for one immediately.
- Regardless of your immigration or citizenship status, you have constitutional rights.

YOUR RESPONSIBILITIES
- Do stay calm and be polite.
- Do not interfere with or obstruct the police.
- Do not lie or give false documents.
- Do prepare yourself and your family in case you are arrested.
- Do remember the details of the encounter.
- Do file a written complaint or call your local ACLU if you feel your rights have been violated.

That is why they have to ASK nicely and say, "please" and "thank you".

Otherwise, they could sweep up everyone in a neighborhood and demand someone to talk or else.

and then say nothing unless they tell you you must officially invoke the 5th.

I would just state I refuse to answer any questions, and wish to see counsel.

Assert the fifth, and they'll stop interrogating you.

A ridiculous ruling.

"You do not have to say anything, but it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence."

Somebody should teach them how to spell defense.

I am reminded of the quote, and I wish I could remember who said it. Two people separated by a common language.

Those bastards suck so bad at being Americans.

They have decided that your rights are not something that you are born with.

In their dystopian view, you must know and understand that your right to remain silent is based on the 5th amendment in order for it to apply.

In other words, you don't really have any such rights unless and until you sufficiently prove to them that you know where your rights come from (which is from them, of course, not our Creator).


I think Miranda should be more like this:

"You are under arrest, you no longer have to ask 'mother may I' in order to have your right to remain silent respected, ..."

It reeks of bullshit.

PB