Do You Have A Right to Remain Silent? Thoughts on Salinas v. Texas
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Re: Do You Have A Right to Remain Silent? Thoughts on Salinas v. Texas
#2This is fairly legal-nerdish, but submitted because it relates pretty directly to some issues in the tech community over when you can (under U.S. law) refuse to give up passwords, and similar issues.
It's also worth a read if you're simply an American interested in these issues, because it recaps the current 5th-amendment law quite clearly.
Re: Do You Have A Right to Remain Silent? Thoughts on Salinas v. Texas
#3This court has taken a very interesting stance. This ruling, plus some earlier rulings regarding the 4th amendment has made it clear, that one has to understand, intimately, the nuances of ones' rights and act accordingly, in order for those rights to apply. Otherwise, they have agreed to waive those rights.
Re: Do You Have A Right to Remain Silent? Thoughts on Salinas v. Texas
#4The debate mental-chess that the lay-person needs to understand is, quite honestly, terrifying. So now, if a police officer asks you an incriminating question off the cuff, and you say "I would like a lawyer" or "I invoke the 5th" or even say nothing, without a legal background you may find yourself in a situation where what was said / wasn't said can be used against you?
This can't be what was originally intended by those amendments.
Re: Do You Have A Right to Remain Silent? Thoughts on Salinas v. Texas
#5The debate mental-chess that the lay-person needs to understand is, quite honestly, terrifying. So now, if a police officer asks you an incriminating question off the cuff, and you say "I would like a lawyer" or "I invoke the 5th" or even say nothing, without a legal background you may find yourself in a situation where what was said / wasn't said can be used against you? This can't be what was originally intended by…
Am I under arrest?
No? Walk away.
Yes? Please read me my rights.
Re: Do You Have A Right to Remain Silent? Thoughts on Salinas v. Texas
#6When will motherfucking Scalia and Thomas just god damned die already?
Re: Do You Have A Right to Remain Silent? Thoughts on Salinas v. Texas
#7The debate mental-chess that the lay-person needs to understand is, quite honestly, terrifying. So now, if a police officer asks you an incriminating question off the cuff, and you say "I would like a lawyer" or "I invoke the 5th" or even say nothing, without a legal background you may find yourself in a situation where what was said / wasn't said can be used against you? This can't be what was originally intended by…
Am I under arrest? No? Walk away. Yes? Please read me my rights. Problem solved. Don't answer half the questions, immediately ask why you are being detained, and if you are under arrest.
The critical problem here is the police response to an attempt to walk away. This may lead to an arrest that is aggravated by a charge of resistance. One might be able to fight that away in the courts, but the state of policing over the last few years leaves me feeling quite uncomfortable with the prospect of walking away unscathed.
Re: Do You Have A Right to Remain Silent? Thoughts on Salinas v. Texas
#8Earlier quoted context omitted.
Am I under arrest? No? Walk away. Yes? Please read me my rights. Problem solved. Don't answer half the questions, immediately ask why you are being detained, and if you are under arrest.
The critical problem here is the police response to an attempt to walk away. This may lead to an arrest that is aggravated by a charge of resistance. One might be able to fight that away in the courts, but the state of policing over the last few years leaves me feeling quite uncomfortable with the prospect of walking away unscathed.
How do you anticipate a charge of resisting arrest occurring when the cop isn't arresting you?
Re: Do You Have A Right to Remain Silent? Thoughts on Salinas v. Texas
#9Earlier quoted context omitted.
Am I under arrest? No? Walk away. Yes? Please read me my rights. Problem solved. Don't answer half the questions, immediately ask why you are being detained, and if you are under arrest.
The critical problem here is the police response to an attempt to walk away. This may lead to an arrest that is aggravated by a charge of resistance. One might be able to fight that away in the courts, but the state of policing over the last few years leaves me feeling quite uncomfortable with the prospect of walking away unscathed.
This could be nitpicking an abbreviated binary choice. The usual advice is to ask if you are free to leave. If the answer is no, then you know you're being detained and can act accordingly.
Re: Do You Have A Right to Remain Silent? Thoughts on Salinas v. Texas
#10The debate mental-chess that the lay-person needs to understand is, quite honestly, terrifying. So now, if a police officer asks you an incriminating question off the cuff, and you say "I would like a lawyer" or "I invoke the 5th" or even say nothing, without a legal background you may find yourself in a situation where what was said / wasn't said can be used against you? This can't be what was originally intended by…
Am I under arrest? No? Walk away. Yes? Please read me my rights. Problem solved. Don't answer half the questions, immediately ask why you are being detained, and if you are under arrest.
To be sure, there's such a thing called 'custodial interrogation' which is, essentially, a situation where a person's freedoms are restrained, but not fully under arrest.
http://en.wikipedia.org/wiki/Custodial_interrogation
I've previously heard the suggested language of 'Am I being detained or am I free to go?', which seems good enough to make the situation a lot less ambiguous.