It’s been great to see how much support and interest we’ve received over the past couple hours; we’re really glad you guys like what we’re doing and we'll push a little harder to try and address all of your questions in time for the Thursday night festivities.
We’d like give a shoutout to an awesome reader who pointed out a clarification worth noting on our previous post. While the 5th Amendment does prevent you from self-incrimination by remaining silent, a recent court case (Salinas v. Texas) has emphasized that you need to clearly state that you are invoking this right. In Salinas, the US Supreme Court ruled that silence alone does not sufficiently constitute an invocation of the 5th Amendment, so it’s better to be safe. If you are going to remain silent to avoid answering a question that might incriminate you, begin with the following: “Am I free to go?” In all likelihood, the police won’t have sufficient cause to detain you and you can just leave. If the officer says no, then you are being detained. If they continue to ask you the question, simply respond “I refuse to answer any questions and would like to speak with a lawyer if this conversation is to continue.” You have then unambiguously established your right to remain silent.
Speaking about the 5th amendment, we would also like to add a quick blurb about Miranda Rights and the right to remain silent. Specifically, how they don’t work like 21 Jump Street, or even like Law & Order SVU. Despite these products of varying awesomeness, the police DO NOT have to read you your Miranda Rights when they arrest you. They merely have to read them to you when you are in custody and being interrogated. Although 21 Jump Street was correct in that you do have the right to be an attorney.
Keep the great questions and good feelings flowing,
-BW&TR
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