Recent changes to the Miranda warning will affect cases that private investigators work on.
They are words that virtually everyone knows — “You have the right to remain silent.”
But for those who are in trouble with the law, there’s a new catch — now if you’re arrested, you’ll have to speak up and declare you are invoking your right to keep quiet.
On June 1, the U.S. Supreme Court ruled in a 5-4 decision to alter the familiar Miranda warning, adding a stipulation that requires suspects to outright state to investigators their desire to remain silent, in the same way they must specifically ask for an attorney.
Locally, defense attorneys are viewing the ruling as the latest step in winnowing away suspects’ rights.
“The upshot is this — silence is not golden,” said Bay City attorney Edward M. Czuprynski. “To remain silent isn’t enough anymore. That is a continuous erosion of our constitutional rights and a further move to a police state. It’s been going on for years; it’s not a surprising decision. I’m surprised they haven’t chipped away more at Miranda than they already have.”
Fellow attorney Jason P. Gower agrees with Czuprynski’s assessment.
“My thought on that case is that the Supreme Court is basically giving their blessing to police officers who already play fast and loose with the protection that the accused are afforded because the reality there is, whether given Miranda or not, the courts have chipped away at what a custodial interrogation is for so long,” Gower said.
“Whenever there is a legal defense, whenever there is a loophole, whenever there is a defense that works time and time again for people charged with crimes, the powers that be change the rules of the game,” Gower added. “That’s exactly what is happening. The government changes the rules.
Link:
http://www.mlive.com/news/bay-city/index.ssf/2010/08/local_attorneys_police_weigh_i.html