# SCOTUS: To invole your right to remain silent, you must first make noise. **URL:** \ **Category:** Miscellaneous and Personal Stuff I Must Share\ **Created:** [June 1, 2010, 3:14pm UTC](https://boards.straightdope.com/t/scotus-to-invole-your-right-to-remain-silent-you-must-first-make-noise/541502 "2010-06-01T15:14:19Z")\ **Posts on this page:** 19\ **Page:** 1
**Author:** ![Boyo\_Jim](https://avatars.discourse-cdn.com/v4/letter/b/87869e/32.png) [@Boyo\_Jim](https://boards.straightdope.com/u/Boyo_Jim)\ **Post date:** [June 1, 2010, 3:14pm UTC](https://boards.straightdope.com/t/scotus-to-invole-your-right-to-remain-silent-you-must-first-make-noise/541502/1 "2010-06-01T15:14:19Z")
[Washinton Post story here.](http://www.washingtonpost.com/wp-dyn/content/article/2010/06/01/AR2010060101378.html?hpid=topnews)The Suporeme court ras ruled that you may not invoke your right to remain silent by in fact remaining silent. You must explicitly say you wish to remain silent. I find this hilarious. You’ve just been told, “You have the right to remain silent…”, but if you do remain silent, you have given up the right to remain silent. And I can’t actually say I disagree with the ruling. The cops kept yakking at this suspect for hours, and when he finally does open his mouth, he blows it and incriminates himself. What a maroon. Really, the idiot didn’t remain silent enough. ---
**Author:** ![Rumor\_Watkins](https://avatars.discourse-cdn.com/v4/letter/r/d9b06d/32.png) [@Rumor\_Watkins](https://boards.straightdope.com/u/Rumor_Watkins)\ **Post date:** [June 1, 2010, 3:20pm UTC](https://boards.straightdope.com/t/scotus-to-invole-your-right-to-remain-silent-you-must-first-make-noise/541502/2 "2010-06-01T15:20:46Z")
Frankly, you need to be taught the magic words “I want a lawyer” alongside the pledge of allegiance in grade school. I’m just baffled by how many people don’t say these 4 simple words and avoid themselves a trip through the criminal justice system. ---
**Author:** ![Chessic\_Sense](https://avatars.discourse-cdn.com/v4/letter/c/7c8e57/32.png) [@Chessic\_Sense](https://boards.straightdope.com/u/Chessic_Sense)\ **Post date:** [June 1, 2010, 4:03pm UTC](https://boards.straightdope.com/t/scotus-to-invole-your-right-to-remain-silent-you-must-first-make-noise/541502/3 "2010-06-01T16:03:18Z")
I’m fine with that ruling. The “right to remain silent” doesn’t mean literally that. It’s just short-hand for “you have the right to refuse to answer our questions during interrogation and you have a right to avoid compulsion to incriminate yourself.” It doesn’t actually mean “you have the right to not talk”. “Suspects must say they want to be silent” isn’t a contradiction because “say” and “silent” are referring to two different things. ---
**Author:** ![BigT](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bigt/32/12044_2.png) [@BigT](https://boards.straightdope.com/u/BigT)\ **Post date:** [June 1, 2010, 4:06pm UTC](https://boards.straightdope.com/t/scotus-to-invole-your-right-to-remain-silent-you-must-first-make-noise/541502/4 "2010-06-01T16:06:03Z")
> [@Chessic\_Sense](#): > > I’m fine with that ruling. The “right to remain silent” doesn’t mean literally that. It’s just short-hand for “you have the right to refuse to answer our questions during interrogation and you have a right to avoid compulsion to incriminate yourself.” It doesn’t actually mean “you have the right to not talk”. > > “Suspects must say they want to be silent” isn’t a contradiction because “say” and “silent” are referring to two different things. Well, maybe you could pass the cop a note… ETA: Oh, wait, you’re probably in handcuffs. ---
**Author:** ![thirdwarning](https://avatars.discourse-cdn.com/v4/letter/t/ecccb3/32.png) [@thirdwarning](https://boards.straightdope.com/u/thirdwarning)\ **Post date:** [June 1, 2010, 4:22pm UTC](https://boards.straightdope.com/t/scotus-to-invole-your-right-to-remain-silent-you-must-first-make-noise/541502/5 "2010-06-01T16:22:33Z")
According to the article, he didn’t do either one - remain silent, or tell them he wanted to. He did answer some of their questions, only briefly. So how was anybody to know he was trying to invoke his right to remain silent? He didn’t do it. I think I agree with the ruling, but this guy doesn’t seem to be the best example of the idea. ---
**Author:** ![Dinsdale](https://avatars.discourse-cdn.com/v4/letter/d/97f17d/32.png) [@Dinsdale](https://boards.straightdope.com/u/Dinsdale)\ **Post date:** [June 1, 2010, 5:09pm UTC](https://boards.straightdope.com/t/scotus-to-invole-your-right-to-remain-silent-you-must-first-make-noise/541502/6 "2010-06-01T17:09:57Z")
> [@Rumor\_Watkins](#): > > Frankly, you need to be taught the magic words “I want a lawyer” alongside the pledge of allegiance in grade school. Unless you are accused of terrorism, in which case… ---
**Author:** ![UltraVires](https://avatars.discourse-cdn.com/v4/letter/u/ecccb3/32.png) [@UltraVires](https://boards.straightdope.com/u/UltraVires)\ **Post date:** [June 1, 2010, 6:11pm UTC](https://boards.straightdope.com/t/scotus-to-invole-your-right-to-remain-silent-you-must-first-make-noise/541502/7 "2010-06-01T18:11:12Z")
> [@Boyo\_Jim](#): > > [Washinton Post story here.](http://www.washingtonpost.com/wp-dyn/content/article/2010/06/01/AR2010060101378.html?hpid=topnews)The Suporeme court ras ruled that you may not invoke your right to remain silent by in fact remaining silent. You must explicitly say you wish to remain silent. > > I find this hilarious. You’ve just been told, “You have the right to remain silent…”, but if you do remain silent, you have given up the right to remain silent. > > And I can’t actually say I disagree with the ruling. The cops kept yakking at this suspect for hours, and when he finally does open his mouth, he blows it and incriminates himself. What a maroon. Really, the idiot didn’t remain silent enough. To remain silent in the sense of the constitution (shall not be compelled to be a witness against himself) does not require a person to sit completely mute. It would be hell on the poor suspect if he had to use the restroom or was suffering severe chest pains if mentioning that would force him to give up his rights. ---
**Author:** ![JSexton](https://avatars.discourse-cdn.com/v4/letter/j/96bed5/32.png) [@JSexton](https://boards.straightdope.com/u/JSexton)\ **Post date:** [June 1, 2010, 6:13pm UTC](https://boards.straightdope.com/t/scotus-to-invole-your-right-to-remain-silent-you-must-first-make-noise/541502/8 "2010-06-01T18:13:20Z")
Also, I was under the impression that you are required to identify yourself to police, even if you wish to invoke your right to remain silent. Is that true? ---
**Author:** ![Boyo\_Jim](https://avatars.discourse-cdn.com/v4/letter/b/87869e/32.png) [@Boyo\_Jim](https://boards.straightdope.com/u/Boyo_Jim)\ **Post date:** [June 1, 2010, 6:15pm UTC](https://boards.straightdope.com/t/scotus-to-invole-your-right-to-remain-silent-you-must-first-make-noise/541502/9 "2010-06-01T18:15:22Z")
> [@jtgain](#): > > To remain silent in the sense of the constitution (shall not be compelled to be a witness against himself) does not require a person to sit completely mute. > > It would be hell on the poor suspect if he had to use the restroom or was suffering severe chest pains if mentioning that would force him to give up his rights. If I were a cop, I would sure use someone’s need to take a piss against them. “Not until you CONFESS!” ---
**Author:** ![Giles](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/giles/32/60_2.png) [@Giles](https://boards.straightdope.com/u/Giles)\ **Post date:** [June 1, 2010, 6:24pm UTC](https://boards.straightdope.com/t/scotus-to-invole-your-right-to-remain-silent-you-must-first-make-noise/541502/10 "2010-06-01T18:24:26Z")
I’m not seeing a problem with the majority ruling on the SCOTUS in this case. If the suspect had wanted to use his right to remain silent, he could have either (1) remained silent, or (2) said that he wanted to invoke the right. Answering some of the police questions, but not others, doesn’t seen to me to be invoking that right. However, his big problem was answering the trick question, > [@](#): > > But when one of the officers asked him if he prayed for forgiveness for “shooting that boy down,” Thompkins said, “Yes.” The correct answer would have been either, (1) “No”, because he didn’t shoot the boy, or (2) “I’m not answering that question”, because it’s a trick question trying to elicit a confession, or (3) silence. ---
**Author:** ![akennett](https://avatars.discourse-cdn.com/v4/letter/a/ee59a6/32.png) [@akennett](https://boards.straightdope.com/u/akennett)\ **Post date:** [June 1, 2010, 8:42pm UTC](https://boards.straightdope.com/t/scotus-to-invole-your-right-to-remain-silent-you-must-first-make-noise/541502/11 "2010-06-01T20:42:45Z")
How is that a trick question? It’s very straightforward. ---
**Author:** ![Boyo\_Jim](https://avatars.discourse-cdn.com/v4/letter/b/87869e/32.png) [@Boyo\_Jim](https://boards.straightdope.com/u/Boyo_Jim)\ **Post date:** [June 1, 2010, 8:46pm UTC](https://boards.straightdope.com/t/scotus-to-invole-your-right-to-remain-silent-you-must-first-make-noise/541502/12 "2010-06-01T20:46:19Z")
It’s a trick question to an idiot. ---
**Author:** ![Ferret\_Herder](https://avatars.discourse-cdn.com/v4/letter/f/e47774/32.png) [@Ferret\_Herder](https://boards.straightdope.com/u/Ferret_Herder)\ **Post date:** [June 1, 2010, 9:15pm UTC](https://boards.straightdope.com/t/scotus-to-invole-your-right-to-remain-silent-you-must-first-make-noise/541502/13 "2010-06-01T21:15:15Z")
> [@Giles](#): > > However, his big problem was answering the trick question, > The correct answer would have been either, > (1) “No”, because he didn’t shoot the boy, or > (2) “I’m not answering that question”, because it’s a trick question trying to elicit a confession, or > (3) silence. Answer #1 might mean that he wasn’t penitent over the murder, either. So that’s not the appropriate answer. Correct answers include, “I want to talk to a lawyer,” silence, or “I’m not answering any more questions.” “I didn’t shoot him” is potentially risky but a better answer than “no.” ---
**Author:** ![aruvqan](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/aruvqan/32/2891_2.png) [@aruvqan](https://boards.straightdope.com/u/aruvqan)\ **Post date:** [June 1, 2010, 11:46pm UTC](https://boards.straightdope.com/t/scotus-to-invole-your-right-to-remain-silent-you-must-first-make-noise/541502/14 "2010-06-01T23:46:12Z")
> [@Boyo\_Jim](#): > > If I were a cop, I would sure use someone’s need to take a piss against them. “Not until you CONFESS!” then they can sit in the little room with me smelling like piss and shit. And once they try to do the shame the crook walk i can simply tell anybody around they refused to let me use a bathroom. Then they can pay the janitor to clean the room, the car and anywhere else I contaminated with hazardous waste. ---
**Author:** ![RealityChuck](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/realitychuck/32/195_2.png) [@RealityChuck](https://boards.straightdope.com/u/RealityChuck)\ **Post date:** [June 2, 2010, 2:34am UTC](https://boards.straightdope.com/t/scotus-to-invole-your-right-to-remain-silent-you-must-first-make-noise/541502/15 "2010-06-02T02:34:43Z")
Though I’m a strong believer in Miranda, from what I read about the case, the Supreme Court was right. The defendant did _not_ remain silent. He answered questions – not all, but enough to be convicted. If he had kept his big mouth shut, there wouldn’t have been an issue. And if the defendant doesn’t say he was invoking his right to remain silent, then the police have no way of knowing to end the questioning. People are jumping on the irony because irony is trendy. But the ruling does nothing to reduce the rights of the accused. ---
**Author:** ![Serenata67](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/serenata67/32/10646_2.png) [@Serenata67](https://boards.straightdope.com/u/Serenata67)\ **Post date:** [June 2, 2010, 11:55am UTC](https://boards.straightdope.com/t/scotus-to-invole-your-right-to-remain-silent-you-must-first-make-noise/541502/16 "2010-06-02T11:55:22Z")
Reality Chuck is so on. I couldn’t have put it better. ---
**Author:** ![UltraVires](https://avatars.discourse-cdn.com/v4/letter/u/ecccb3/32.png) [@UltraVires](https://boards.straightdope.com/u/UltraVires)\ **Post date:** [June 2, 2010, 12:48pm UTC](https://boards.straightdope.com/t/scotus-to-invole-your-right-to-remain-silent-you-must-first-make-noise/541502/17 "2010-06-02T12:48:47Z")
> [@aruvqan](#): > > then they can sit in the little room with me smelling like piss and shit. And once they try to do the shame the crook walk i can simply tell anybody around they refused to let me use a bathroom. > > Then they can pay the janitor to clean the room, the car and anywhere else I contaminated with hazardous waste. If you did that something tells me that you would suffer a “fall” down some stairs or be “apprehended” while attempting to escape. ---
**Author:** ![aruvqan](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/aruvqan/32/2891_2.png) [@aruvqan](https://boards.straightdope.com/u/aruvqan)\ **Post date:** [June 2, 2010, 2:01pm UTC](https://boards.straightdope.com/t/scotus-to-invole-your-right-to-remain-silent-you-must-first-make-noise/541502/18 "2010-06-02T14:01:09Z")
> [@jtgain](#): > > If you did that something tells me that you would suffer a “fall” down some stairs or be “apprehended” while attempting to escape. I can also be the ultimate pacifist, escape isn’t an option, anybody can run faster than me in a wheelchair and I cant do stairs. It is amazingly well known amongst my friends and family that I cant do stairs. if someone tried to claim that I was caught trying to scarper down stairs and out a door, they would get soundly laughed at and asked when Jesus made the visit to the room to heal me. To be honest the only thig they would get on tape would be me repeating ad nauseum i will not speak without a lawyer present. I don’t care how guilty or innocent I am, I will not speak to any police official without a lawyer present _unless_ I had gimped in under my own power to report something. ---
**Author:** ![smiling\_bandit](https://avatars.discourse-cdn.com/v4/letter/s/e9a140/32.png) [@smiling\_bandit](https://boards.straightdope.com/u/smiling_bandit)\ **Post date:** [June 2, 2010, 4:17pm UTC](https://boards.straightdope.com/t/scotus-to-invole-your-right-to-remain-silent-you-must-first-make-noise/541502/19 "2010-06-02T16:17:58Z")
> [@RealityChuck](#): > > The defendant did _not_ remain silent. He answered questions – not all, but enough to be convicted. > > If he had kept his big mouth shut, there wouldn’t have been an issue. > > And if the defendant doesn’t say he was invoking his right to remain silent, then the police have no way of knowing to end the questioning. Yes, exactly. Even if he had remained totally ilent (and technically would not be invoking his Right to remain silent, neither the courts nor the police have the power to compel speech, and the police’s ability to punish lack of speech is very limited.