FREE e-Newsletter
Important News - Hot Topics
Get them Now!

Top News

Supreme Court Votes 5-4 to Loosen Miranda Rules

June 01, 2010  | 

The Supreme Court retreated from strict enforcement of the famous Miranda decision on Tuesday, ruling that a crime suspect's words could be used against him if he failed to clearly invoke his rights and, instead, answered a single question after nearly three hours of interrogation.

In the past, the court has said the "burden rests on the government" to show that a crime suspect has "knowingly and intelligently waived" his rights.

But in a 5-4 decision Tuesday, the court said the suspect had the duty to invoke his rights. If he failed to do so, his later words could be used to convict him, the justices said.

Justice Anthony M. Kennedy wrote that police were "not required to obtain a waiver" of the suspect's "right to remain silent before interrogating him."

In this case, Michigan police had informed the suspect, Van Thompkins, of his rights, including the right to remain silent. Thompkins said he understood, but he did not tell the officer he wanted to stop the questioning or speak to a lawyer.

Read Full Story at LATimes.com

Do you agree? Vote in our Web Poll

Read our exclusive analysis of the decision.

Tags: Miranda Law, U.S, Supreme Court Cases


Comments (1)

Displaying 1 - 1 of 1

gerjol3675 @ 6/2/2010 8:32 AM

This ruling shows the current Supreme Court uses common sense to decide important decisions that have a direct impact on public safety . Sadly, the newest Justice shows she lacks that ability.

Join the Discussion





POLICE Magazine does not tolerate comments that include profanity, personal attacks or antisocial behavior (such as "spamming" or "trolling"). This and other inappropriate content or material will be removed. We reserve the right to block any user who violates this, including removing all content posted by that user.

Other Recent News

Slain Florida Officer was Father of Five
A Tarpon Springs, Fla., police officer was shot and killed early Sunday morning, and a...
2 NYPD Officers Shot Dead "Execution Style" in Their Patrol Car
According to preliminary reports, both officers were working overtime as part of an...
Video: Fired Phoenix Chief Speaks Out About Unions
Now-former Phoenix Police Chief Daniel Garcia continued to be defiant following Thursday's...
Video: Iowa Officers Injured When Man Rams Squad Car
A Waterloo, Iowa, man rammed his SUV into a police car, injuring two officers during a...
Video: Philadelphia Officer Praised for Not Shooting AR-Wielding Man
"I immediately announced 'police, drop the weapon.' About the second time I yelled it, he...

Get Your FREE Trial Issue and Win a Gift! Subscribe Today!
Yes! Please rush me my FREE TRIAL ISSUE of POLICE magazine and FREE Officer Survival Guide with tips and tactics to help me safely get out of 10 different situations.

Just fill in the form to the right and click the button to receive your FREE Trial Issue.

If POLICE does not satisfy you, just write "cancel" on the invoice and send it back. You'll pay nothing, and the FREE issue is yours to keep. If you enjoy POLICE, pay only $25 for a full one-year subscription (12 issues in all). Enjoy a savings of nearly 60% off the cover price!

Offer valid in US only. Outside U.S., click here.
It's easy! Just fill in the form below and click the red button to receive your FREE Trial Issue.
First Name:
Last Name:
Rank:
Agency:
Address:
City:
State:
  
Zip Code:
 
Country:
We respect your privacy. Please let us know if the address provided is your home, as your RANK / AGENCY will not be included on the mailing label.
E-mail Address:

Police Magazine