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Fontana pays nearly $900,000 to victim of Police torture. (www.ocregister.com)

submitted 5 months ago by dessalines@lemmy.ml to c/usa@lemmy.ml

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This story is horrific.

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[–] cheese_greater@lemmy.world 13 points 5 months ago* (last edited 5 months ago) (1 children)

The script needs to be taught vigorously:

Am I free to go [am I being detained]?
[If not free to go] I want to speak to a lawyer [even if you've got your "free call to lawyer]

🔃 Rinse 'n repeat. Never say anything else

[–] TheDoozer@lemmy.world 4 points 5 months ago* (last edited 5 months ago)

You also have to vocally state that you are invoking your right to remain silent. Just remaining silent is apparently not enough.

Additionally, the request for a lawyer must be unequivocal. Not "I think I need a lawyer," as much as any reasonable person would consider that as a request for a lawyer. McDaniel, the guy in the linked case got railroaded after saying that he thinks he would rather have a lawyer there to speak for him, and the claim that the questioning should have stopped was dismissed because he hadn't requested a lawyer, only that he thought he needed a lawyer.

Judges bend over backwards to let police mess with our rights, so clarity and assertiveness are a must.