Suspects Must Say They Want to Remain Silent: Supreme Court

Just remaining silent isn't enough to invoke Miranda protection
By Newser Editors and Wire Services
Posted Jun 1, 2010 10:11 AM CDT
FILE - In this April 9, 2010 file photo the Supreme Court is seen in Washington. Since the country's birth, the primary mission of the American political party has been this: amass power by recruiting...   (AP Photo/Evan Vucci, File)
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(Newser) – The Supreme Court says suspects must explicitly tell police they want to be silent in order to invoke their Miranda protection during interrogations. Merely remaining silent doesn't do the job: The justices said today suspects must tell police they are going to remain silent to stop legally admissible questioning, just as they must tell police that they want a lawyer.

The ruling comes in a case in which a suspect remained mostly silent during a 3-hour police interrogation before implicating himself in a murder. He appealed his conviction, saying that he invoked his Miranda right to remain silent by remaining silent.

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