[Infowarrior] - READ: Not Content With Gutting The Fourth Amendment, The Government Continues Its Attack On The Fifth And Sixth

[Richard Forno]

Not Content With Gutting The Fourth Amendment, The Government Continues Its Attack On The Fifth And Sixth

http://www.techdirt.com/articles/20130827/09282724323/not-content-with-gutting-fourth-amendment-government-continues-its-attack-fifth-sixth.shtml

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Perhaps due to their proximity both in number and scope, the government is also working hard to eliminate the protections afforded by the Fifth and Sixth Amendments as well. One of the more recent blows to these rights came from a court decision in Salinas v. Texas, in which the court ruled that simply remaining silent is not the same as invoking your right to remain silent, and as such, can be used (under specific circumstances) as evidence of guilt. Another earlier decision (Berghuis v. Thompson) also weighs on this, putting the onus of invocation on the arrestee. The Berghuis decision makes the invocation the key element, post-arrest. Simply refusing to talk to police officers when detained or arrested doesn't protect you. The Miranda rights are available but you'll have to be the person invoking them. Otherwise, your lack of cooperation becomes problematic. For you.

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"When we live in a world where “I want a lawyer” is de facto evidence of guilt, we will live in a world where that lawyer wouldn’t even be able to help us."

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