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United States Supreme Court: Suspects Must Now Affirmatively Invoke Miranda Rights

By Walin & Klarich

The United States Supreme Court has recently reviewed the laws pertaining to the Miranda Rights. The Supreme Court has loosened the restrictions of how the Miranda Rights are enforced. In Berghuis v. Thompkins, No. 08-1470, the Court held that once a suspect has been informed of his or her right to remain silent, he or she must affirmatively invoke those rights. A crime suspect's words can be used against him if he or she fails to clearly tell police that he or she does not want to talk. Prior to this decision, the court said the burden rests on the prosecution to show that a crime suspect had "knowingly and intelligently waived" his rights. Some police departments tell officers not to begin questioning until a suspect has waived his rights, usually by signing a waiver form...continue to full post

Full post as published by Southern California Criminal Defense Blog on June 03, 2010 (boomark / email).