On June 1st, the Supreme Court of the United States drastically
limited the Miranda rights of those detained by the police in Berghuis
v. Thompkins, 08-1470. In a 5-4 decision, the Court ruled that an
individual must verbally invoke his or her right to remain silent.
Remaining silent no longer invokes the Miranda right and the police
may continue to interrogate a detainee until that person verbally
states their intention to remain silent. Newly appointed Justice
Sotomayor dissented in a strongly worded opinion that criticized the
Court's ruling because it provides for a suspect to waive his or her
Miranda rights, without showing or stating this intention, by
remaining silent and not speaking. Going forward, the public should be aware that if they are detained
and interrogated by police, they must verbally invoke their right to
remain silent, as well as their right to an attorney. If you or someone you know has been arrested, call Bloom Legal for a
consultation at 504-599-9997.