New Miranda decision

Please find below a brief summary of the Berghuis v. Thompkins case, from Michigan Attorney General Eric Restuccia, who argued the case before the United States Supreme Court.

"The United States Supreme Court reversed the Sixth Circuit in a 5-to-4 decision today, reinstating a murder conviction out of Oakland County.
The Court's decision was written by Justice Kennedy. He wrote in broad terms, establishing three significant principles. First, the police need not obtain a waiver before interrogating a suspect but need only inform the suspect of his rights under Miranda and may begin questioning once the suspect acknowledges his rights. Second, a suspect waives his rights under Miranda once he voluntarily answers questions knowing that he need not do so. Third, a suspect must unambiguously invoke his right to remain silent if he wishes to invoke his right to cut off questioning -- he cannot do so through ambiguous conduct or by merely remaining silent."

See the opinion, briefs and more on the U.S. Supreme Court website at:

http://www.scotuswiki.com/index.php?title=Berghuis_v._Thompkins