Thursday, August 14, 2014

People v. Tom (Cal. Supreme Ct. - Aug. 14, 2014)

When you accidentally hit another vehicle, you'd better instantly utter the words "I hereby invoke my Miranda rights."  Otherwise, in a subsequent prosecution for manslaughter, the prosecution can use your silence -- the fact that you didn't affirmatively ask about the occupants of the other car -- against you at trial.

So holds the California Supreme Court in a 4-3 opinion.