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A right to remain silent and a right to a lawyer are at the top of the warnings that police recite to suspects during arrests and interrogations. But Tuesday's majority said that suspects must break their silence and tell police they are going to remain quiet to stop an interrogation, just as they must tell police that they want a lawyer.
This decision means that police can keep shooting questions at a suspect who refuses to talk as long as they want in hopes that the person will crack and give them some information, said Richard Friedman, a University of Michigan law professor.
This is the third time this session that the Supreme Court has placed limits on Miranda rights, which come from a 1966 decision -- it involved police questioning of Ernesto Miranda in a rape and kidnapping case in Phoenix -- requiring officers to tell suspects they have the right to remain silent and to have a lawyer represent them, even if they can’t afford one.
Earlier this term, the high court ruled that a suspect’s request for a lawyer is good for only 14 days after the person is released from police custody -- the first time the court has placed a time limit on a request for a lawyer -- and that police do not have to explicitly tell suspects they have a right to a lawyer during an interrogation.
Earlier this term, the high court ruled that a suspect’s request for a lawyer is good for only 14 days after the person is released from police custody -- the first time the court has placed a time limit on a request for a lawyer -- and that police do not have to explicitly tell suspects they have a right to a lawyer during an interrogation.