... It’s vital to note, however, that the Supreme Court ruled this year that your silence CAN be used against you (the link is to the website of one of America’s top constitutional law professors) … at least until you’re read your Miranda rights. Therefore, if you remain silent when police are questioning you, it is very important to tell the police that you are exercising your right to remain silent. As the Atlantic notes: Basically, if you’re ever in any trouble with police… and want to keep your mouth shut, you will need to announce that you’re invoking your Fifth Amendment right instead of, you know, just keeping your mouth shut. “Petitioner’s Fifth Amendment claim fails because he did not expressly invoke the privilege against self-incrimination in response to the officer’s question,” reads the [Supreme Court] opinion ….
Posted on: Thu, 07 Nov 2013 15:36:44 +0000
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