They Didn’t Read Me My Rights!

Frequently when I am meeting with a new client they bring up the fact the police officer didn’t read them their rights when they were arrested. This may be an important factor in evaluating the case, or it may not be. Unfortunately it many times does not mean the case will be dismissed…but it might! Hopefully this post will give a simple explanation of what those rights are, what it means, and how it may affect a case.

In honor of today's opinion that I briefly wrote about here is something that should be required viewing:

Why you should always exercise your 5th Amendment right to silence.

Enjoy.

Today SCOTUS issued a 5-4 decision in Berghuis v. Thompkins holding that Mr. Thompkins did not invoke his 5th Amendment right to silence by being silent for 3 hours while being interrogated regarding a murder that he was a suspect in. The Court ruled that in order to invoke your 5th Amendment right to be silent you have to actually tell the police you wish to remain silent.