If You Want To Remain Silent, You Can't Remain Silent!

Almost every American citizen knows that among our many rights are the right to remain silent (Fifth Amendment) and the right to an attorney (Sixth Amendment). In the recent United States Supreme Court case of Berghuis v. Thompkins, 08-1470 (JUNE 1, 2010), the Court held that the right to remain silent must be affirmatively and unequivocally invoked by the suspect. In the Thompkins case, the suspect had been arrested in relation to a homicide. Officers questioned the suspect over a three-hour period during which he was almost completely silent. Toward the end of the three-hour period, the officers asked if he wanted forgiveness for the death, to which he responded “yes.” The Supreme Court by a 5-4 margin held that the police interrogation was permissible and the incriminating statement was admissible evidence.

The Court held that he failed to unambiguously and unequivocally assert his right to remain silent. Apparently, his three hours of silence in response to relentless questioning was insufficient to show his intentions. In other words, he could not just remain silent, but had to affirmatively tell the officers that he wanted to remain silent and did not want to answer their questions.

This is another in a line of recent cases from the Court favoring law enforcement over the rights of the individual suspect. If you are ever in the unfortunate position of being a criminal suspect, remember to tell the officers loud and clear that you invoke your right to remain silent, and that you want your lawyer immediately.

Stephen Lawler, Esq.
http://www.thelawlerfirm.com