"At no point during the interrogation did Thompkins say that he wanted to remain silent, that he did not want to talk with the police, or that he wanted an attorney."
"Thompkins did not say that he wanted to remain silent or that he did not want to talk with the police. Had he made either of these simple, unambiguous statements, he would have invoked his “ ‘right to cut off questioning.’ ” Mosley, supra, at 103 (quoting Miranda, supra, at 474). Here he did neither, so he did not invoke his right to remain silent."
Omitting pertinent information is the tool of debate not of discourse.
> The USSC recently decided that if you are merely silent that means you waive your right to remain silent.
I cannot seem to find any supporting text in the SCOTUS text that merely being silent waives rights. Quite the contrary, my quote indicates it that as soon as the I would assert my rights, even in the middle of the interrogation, the interrogation would have to halt. (Additionally, the interrogated Thompkins did speak and answer, it was just terce.)
>I wish I were making that up. You now have to repeatedly state it.
Again, I can find no evidence in the SCOTUS opinion that once I assert my right, I have to repeatedly re-assert it.
From your note:
> unless tou break your silence to aay that you intend to be silent, yiu will be prosecuted for your silence
I find nothing of sort in this case. I can remain truly silent, and my silence cannot be used as evidence of guilt. Of course I can still be prosecuted with other evidence. Griffin v. California (1965) , Doyle v. Ohio (1976), and Salinas v. Texas (2013) just to name a few.
If I missed these, please point me to it so I can correct myself.
This is not my reading. For those who want to read the actual details: https://supreme.justia.com/cases/federal/us/560/370/
Here are some nuggets from the case:
"At no point during the interrogation did Thompkins say that he wanted to remain silent, that he did not want to talk with the police, or that he wanted an attorney."
"Thompkins did not say that he wanted to remain silent or that he did not want to talk with the police. Had he made either of these simple, unambiguous statements, he would have invoked his “ ‘right to cut off questioning.’ ” Mosley, supra, at 103 (quoting Miranda, supra, at 474). Here he did neither, so he did not invoke his right to remain silent."
Omitting pertinent information is the tool of debate not of discourse.