WASHINGTON — Criminal suspects seeking to protect their right to remain silent must speak up to invoke it, the Supreme Court ruled on Monday, refining the court’s landmark 1966 ruling in Miranda v. Arizona.
Justice Anthony M. Kennedy, writing for the majority in a 5-4 decision that split along familiar ideological lines, did not disturb Miranda’s requirement that suspects be told they have the right to remain silent. But he said that courts need not suppress statements made by defendants who receive such warnings, do not expressly waive their rights and speak only after remaining silent through hours of interrogation.
Full story: Mere Silence Doesn’t Invoke Miranda, Justices Rule – NYTimes.com