invokes his Miranda right
to have counsel present during a police
(71) Justice Kennedy acknowledged that while the Court had yet to determine whether an invocation of the right to remain silent can be ambiguous or equivocal, there was no reason to treat these two rights differently; he wrote, "there is no principled reason to adopt different standards for determining when an accused has invoked the Miranda right
to remain silent and the Miranda right
to counsel at issue in Davis" (72) Leaning on Davis for analytical support, Justice Kennedy discussed what he deemed to be good reasons to require an accused to invoke the right to remain silent unambiguously.
The question raised in the Thompkins case was whether the preceding facts constituted a valid waiver of the suspect's Miranda right
to remain silent when questioned by the police.
Rudd, "The Supreme Court Revisits the Miranda Right
to Silence." FBI Law Enforcement Bulletin, September 2010, 25-31; and Kenneth A.
(198) The police can now evade running afoul of the constitution by approaching a suspect who has invoked his Miranda right
to counsel by simply returning two weeks later and asking, "[A]re you now willing to speak without a lawyer present?" (199) No additional Mirandizing is required.
452, 457 (1994), the Court's opinion described the Miranda right
to counsel as constitutionally recommended rather than required.
When Shatzer was initially questioned in connection with suspicions that he had sexually abused his son, he invoked the Miranda right
452, 459-462 (1994)(stating suspect must "unambiguously" invoke Miranda right
to counsel); see also Berghuis v.
Arizona, including 1) the circumstances governing when law enforcement may initiate contact with a subject who previously has invoked the Miranda right
to counsel; 2) what will constitute a waiver of the Miranda right
to silence; and 3) what must be conveyed to a subject to satisfy Miranda.
Police arrested a suspect who, after being informed of and choosing to exercise his "Miranda right
" of silence ...
Alternative news site Bulatlat.com reported that Valle filed kidnapping, serious illegal detention and violation of anti-torture act and violation of Miranda rights
raps against elements of the Criminal Investigation and Detection Group.