[jotato]

> He said he was asked to waive his rights and when he asked police whether he needed an attorney they said no because they were only asking a few questions. He signed the waiver thinking he was going to help, but a few questions turned into a nearly nine-hour interrogation

How is it we are able to legally "waive rights"? That should be addressed - under no circumstances should a not-yet-convicted person ever be stripped of rights. Voluntarily or not. Otherwise, what are they?

Sure, someone can choose to not exercise them; maybe cooperate with the police, but if at any point they choose they should be available.

Am I missing something?

[NegativeK]

> stripped of rights

They're not being stripped of their rights; they're acknowledging that what they're about to say can be used against them.

Waiving rights is common in American law. Open source licenses waive the right to sue; the third-party doctrine waives the right to privacy of the data that companies take. To some extent, liability releases for participating in dangerous activities waive the right to hold the company you're paying responsible -- think climbing guides, race tracks, sky diving outfits, etc. But from what my non-lawyer self understands, there are some rights you can't waive, like the right to sue over gross negligence.

In this case, it sounds like that waiver was used more as an intimidation tactic to make the suspect believe that they were stuck there and couldn't decide to stop talking. Which... That sounds like something you'd get a lawyer for to help explain the situation.

[ceejayoz]

You have the right to remain silent. You also have the right not to remain silent. Talking after a Miranda warning is taken as a clear waiving of that right to remain silent. You can, of course, stop talking at any time, but they're not going to re-Marandize you after every sentence.

[jotato]

That is different that signing something and being held to it.

You waived a right by saying that but you can choose.l to not speak after.

Even if the paper waived an attorney you should be able to change your mind

[ceejayoz]

No signature on paper can force you to keep talking in police custody. You can stop talking at any time, regardless of what you signed.

[mschuster91]

> No signature on paper can force you to keep talking in police custody. You can stop talking at any time, regardless of what you signed.

Cops are very persuasive when they want to get an answer out of you. Say, they arrest you for whatever, and they can just threaten you to remain in custody for a day... no matter if your pet is alone at home and needs to be fed, or your children need to be picked up from school. Sure, you may call a lawyer to arrange for stuff, but we'll keep your house's keys as evidence...

The freedom to not say anything is utterly depending on circumstances allowing you to do so.

[s1artibartfast]

i dont think they can hold you to it, should you change your mind. It isnt binding.

[laweijfmvo]

I assume he waived his "right to an attorney"

[tekla]

"You Have the Right to Remain Silent" "I killed that person"

That's how you waive your rights.