this post was submitted on 24 May 2024
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United States | News & Politics

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This story is horrific.

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[โ€“] [email protected] 14 points 5 months ago* (last edited 5 months ago) (1 children)

The script needs to be taught vigorously:

  1. Am I free to go [am I being detained]?
  2. [If not free to go] I want to speak to a lawyer [even if you've got your "free call to lawyer]

๐Ÿ”ƒ Rinse 'n repeat. Never say anything else

[โ€“] [email protected] 4 points 5 months ago* (last edited 5 months ago)

You also have to vocally state that you are invoking your right to remain silent. Just remaining silent is apparently not enough.

Additionally, the request for a lawyer must be unequivocal. Not "I think I need a lawyer," as much as any reasonable person would consider that as a request for a lawyer. McDaniel, the guy in the linked case got railroaded after saying that he thinks he would rather have a lawyer there to speak for him, and the claim that the questioning should have stopped was dismissed because he hadn't requested a lawyer, only that he thought he needed a lawyer.

Judges bend over backwards to let police mess with our rights, so clarity and assertiveness are a must.