Wednesday, June 2, 2010

Good Decision

I believe this was a good common-sense decision by SCOTUS.

Congratulations to a high school buddy of mine, William Molner, a State of Michigan Assistant General Attorney, who helped prepare this case and was present when the case was argued three months ago, here is his post from FaceBook:

"I was one of three Assistant Attorneys General assigned to Berghuis v Thompkins that was argued in the United States Supreme Court two months ago. Today, the Court ruled in our favor and held that suspects now must explicitly tell police they want to be silent to invoke Miranda protections during criminal interrogations, just as they must tell police that they want a lawyer."

Good work Bill!

Right to remain silent? Suspect better speak up

WASHINGTON (AP) -- Want to invoke your right to remain silent? You'll have to speak up.

In a narrowly split decision, the Supreme Court's conservative majority expanded its limits on the famous Miranda rights for criminal suspects on Tuesday - over the dissent of new Justice Sonia Sotomayor, who said the ruling turned Americans' rights of protection from police abuse "upside down."

Justice Anthony Kennedy, who wrote the majority opinion, said a suspect who goes ahead and talks to police after being informed he doesn't have to has waived his right to remain silent. Elena Kagan, who has been nominated by President Barack Obama to join the court, sided with the police as U.S. solicitor general when the case came before the court. She would replace Justice John Paul Stevens, one of the dissenters.

The rest of the story: