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Supreme Court gives police more leeway with suspects

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posted on Feb, 26 2010 @ 11:43 AM
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As if an arresting officer who reads a suspect his/her Miranda rights hasn't been enough, procedure-wise and for evidence, now it seems that should a person charged be released, after 15 days, no matter if Miranda rights were previously invoked, it seems that even with legal representation and presumption of innocense, an officer/detective/what-have-you may once again resume questioning the suspect without legal representation.

This is bitter-sweet IMO, as those practicing law may find it hard to circumvent such action when taken or file a motion with Court of jurisdiction now that the SCOTUS has, in a 7-2 decision, scaled back a 1981 law protecting suspects from police badgering.


The National Association of Criminal Defense Lawyers had told the justices that allowing new interrogations might give police an incentive "to badger suspects through repetitive catch-and-release tactics."

"When you have a two-week merry-go-round that the police can now run, there has to be a concern that if the guy invokes the right to counsel and the police keep coming back, that right doesn't mean much," Stanford University professor Jeffrey Fisher, a member of the association, said Wednesday.


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