June 21, 2004

You have no right to remain silent...

In a decision stunningly at odds with the clear wording of the Fifth Amendment, the Supreme Court has ruled 5-4 that you do not have the right to remain silent when a police officer asks you to identify yourself -- and that the state may make it a crime to attempt to assert your Fifth Amendment right to remain silent or Fourth Amendment right to privacy in the face of such questioning.

While the majority in this case argued that a name is unlikely to be incriminating, they overlooked the point made by Justice John Paul Stevens that, given today's information technology, simply having an individuals name can unlock the door to a host of records, files, and bits of confidential information.

Posted by: Greg at 05:08 PM | No Comments | Add Comment
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