Then you have nothing to worry about, citizen.
The Obama administration is asking the Supreme Court to overrule a 23 year-old decision that stopped police from initiating questions unless a defendant’s lawyer is present, the latest stance that has disappointed civil rights and civil liberties groups.
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The case at issue is Michigan v. Jackson, in which the Supreme Court said in 1986 that police may not initiate questioning of a defendant who has a lawyer or has asked for one unless the attorney is present. The decision applies even to defendants who agree to talk to the authorities without their lawyers.
Anything police learn through such questioning may not be used against the defendant at trial. The opinion was written by Justice John Paul Stevens, the only current justice who was on the court at the time.
The justices could decide as early as Friday whether they want to hear arguments on the issue as they wrestle with an ongoing case from Louisiana that involves police questioning of an indigent defendant that led to a murder confession and a death sentence.
While I do believe that anyone who talks to the police without their lawyer present is guilty of being stupid, stupidity is not yet a crime.
However, being a “right wing extremist” is suspect in these days of the Obamanation, and I want all the protections which the law can find for me.