Pleading:
The Ninth Circuit "I plead the Fifth" opinion reminded me that people should plead other amendments more often.
When someone wants to stay at your house when he's visiting town, and you'd rather he didn't, you should plead the Third. (Special bonus if he's a government employee.)
When someone wants you to give him something for free, you should plead another clause of the Fifth.
When you're being told you shouldn't drink, and you want to, you should plead the Twenty-First.
Ooh, the searchable Calvin &Hobbes database doesn't have strips anymore (pleading Art. I, s 8, cl. 8 trumps pleading the 1st?). I was going to link to the strip where Calvin argues with Dad over Dad's term limits and who exactly wrote the constitution that made him Dad-for-life with no provision for impeachment or recall (answer: Mom helped some).
If it happens all the time, plead the Thirteenth.
Anderson claims the Fifth, then the police show Anderson the video, then Anderson asks for a lawyer, then Anderson says that he'll respond to the video.
Innis says: "It must also be established that a suspect's incriminating response was the product of words or actions on the part of the police that they should have known were reasonably likely to elicit an incriminating response."
Given that it's hard to view the confession as anything but the result of showing him the accomplice testimony, which is certainly an "action on the part of the police that they should have known [was] reasonably likely to elicit an incriminating response."
Fine, his right to counsel wasn't violated, but I don't see how his rights under Miranda weren't. I mean, yeah, he initiated the second interrogation, but only because he had been interrogated illegally in the first place.
I would think that even under the lenient review of AEDPA, California failure to exclude the evidence was "contrary to, nor an unreasonable application of, clearly established federal law." Then again, I don't practice AEDPA law.
And even if "I plead the Fifth" is ambiguous pace J. Tallman and J. Callahan, I still don't see why the interrogation didn't end at the first "I don’t even wanna talk about this no more," which was clearly in reference to the murder.
Oh wait.
"Did you break X?"
'I plead the 7th."
"What happened to that full tank of gas last night?"
"I plead the 7th."
Hey, it wasn't like that at all.
Officer: You act like you’re cryin’ like a baby, an’
you can’t cry for someone that was a no
good . . . an’ you killed him for a good
reason!
Anderson: I have nothin’ to worry about, nothin’ to
hide. That’s why I show no remorse.
Nothin’ to worry about, nothin’ to hide.
He was my friend, an’ there’s no way I
would do it. No, way I would do it.
or a surreal stoner comedy:
Officer: Were you high that day?
Anderson: No, sir. I — probably was later on. Yes.
Officer: Did you have any dope with you that . . .
that day?
Anderson: No, sir.
Officer: No, dope at all? What do you smoke
with?
Anderson: I smoke with my . . . my fingers.
Officer: When you smoke your dope what do you
do with that? How do you smoke that?
Anderson: You smoke it with pipes and stuff like
that.
Officer: Okay. What kind of pipes?
Anderson: Lines.
Officer: What kind of pipes?
Anderson: N’ah . . . I would — I —
Officer: Well, what kind of pipes?
Anderson: Uh! I’m through with this.
Anyway, the talk of pleading other amendments reminds me of the good old "Third Amendment Rights Group Celebrates Another Successful Year" from the Onion.