Posts in "4th Amendment"

Shaun Bowen's picture
By Shaun Bowen at 10:02AM

Judica Tyrannis with Jay Bybee

The federal courts have really been at it recently when it comes to the rights of the accused. Our first example comes from the recent Supreme Court case Maryland vs. Shatzer.  Mr. Shatzer was taken into custody and read his Miranda rights, after which he expressed his desire for a lawyer. This action invokes what was known as the "Edwards Rule" which denies the police the ability to question the suspect until he has had a chance for counsel. When nothing was able to be extracted from Mr. Shatzer, he was released. 2 1/2 years later he was again arrested and asked about his prior charges.  This time he decided to discuss the events, but since he had originally invoked his right to counsel, any evidence he now gave would be inadmissable.

Well, according to the Supreme Court, not anymore. They have now created an arbitrary 14-day waiting period for police to badger their suspect. What is the logic behind this?  Let's look at some of Scalia's quotes from his opinion:

In a country that harbors a large number of repeat offenders, the consequence [of this no-further-questioning rule] is disastrous...It seems to us that period is 14 days, that provides plenty of time for the suspect to get reacclimated to his normal life [and] to consult with friends and counsel.


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Bonnie Kristian's picture
By Bonnie Kristian at 10:12AM
Megan Duffield's picture
By Megan Duffield at 10:54PM

Protecting Your 4th Amendment Rights

 It is as simple as this video says... (part 2 here)

 

 Thanks to Flex Your Rights for this short and sweet feature. 

For liberty-minded students, this is a great way to gain attention for your campus group.  Hold an event that educates the student body on their Constutional rights and what to do when getting pulled over.  Students love the advice and sticking it to the man--in this case, to include state-friendly college administrators--  is always worthwhile.

Talk about killing two birds with one stone!