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Miranda RightsU.S. Supreme Court · 2010

Berghuis v. Thompkins

560 U.S. 370 (2010)
PLAIN ENGLISH

Staying quiet is not enough — you must clearly and explicitly say "I am invoking my right to remain silent" or "I want a lawyer." If you eventually start talking after being read your rights, that conversation can be used against you.

LEGAL HOLDING

A suspect who has been read Miranda rights and remains silent for hours before voluntarily speaking has not invoked the right to silence. Suspects must unambiguously invoke their rights.

WHY IT MATTERS

You must actively and clearly invoke your Miranda rights. Say explicitly: "I invoke my right to remain silent" and "I want a lawyer" — then stop talking.

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