On Tue, Apr 26, 2011 at 7:50 PM, Chris <[email protected]> wrote: > On Tue, Apr 26, 2011 at 5:55 PM, Henry Paul <[email protected]> wrote: > >> >> http://news.cnet.com/8301-13578_3-10172866-38.html > > The article states: > > "Boucher was read his Miranda rights, waived them, and allegedly told the > customs agents that he may have downloaded child pornography."
The article is misleading because it conveys a misunderstanding. There is no such thing as "waiving your Miranda rights" because the Miranda by itself does not contain any rights but rather a warning about *rights you already have* and the risk you take every time you choose not to exercise them. The rights are guaranteed to you by the constitution, assuming you are a citizen. You never "waive" them--you always have them, you always have the right to exercise them. Choosing to not exercise them in one instance does not make it so that you no longer have the right to exercise them in the very next situation--even the very next sentence. In short, you can stop talking at any time. "anything you say can be used against you" It can *never* help you. At best it might not hurt you. At worst, it will aid in your conviction--guilty or not (which has happened). Always plead the fifth when no representation is present--why risk the worst, which is all you'd be doing? "you have the right to an attorney" Even if you started answering questions, and initially declined an attorney, you can change your mind at any time. Simply request for an attorney and stop talking. As for the events in the article, the whole thing sounds fishy--who in their right mind would confess to a law officer that they downloaded kiddie porn? Of course, you could argue that if they download kiddie porn they are already not in their right mind, so maybe that's Q.E.D. /* PLUG: http://plug.org, #utah on irc.freenode.net Unsubscribe: http://plug.org/mailman/options/plug Don't fear the penguin. */
