Suspects Must Explicitly Invoke Miranda Rights, High Court Rules


Suspects must explicitly tell police they want to be silent to invoke their Miranda protection during interrogations, the Supreme Court ruled today, according to the Associated Press. A right to remain silent and a right to a lawyer are Miranda rights warnings that police recite to suspects during arrests and interrogations.

The justices ruled, 5 to 4, that suspects must tell police they are going to remain silent to stop an interrogation, just as they must tell police that they want a lawyer. The ruling was in a case where a suspect remained mostly silent for a three-hour interrogation by police from Southfield, Mi., before implicating himself in a murder. The opinion was written by Justice Anthony Kennedy for the court’s more- conservative justices; Justice Sonia Sotomayor filed a dissent for the more-liberal wing.

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