Miranda Under the Microscope Again

This article provides an overview of Berghuis, Warden v. Thompkins, a case involving an individual’s waiver of his right to remain silent pursuant to Miranda v. Arizona. The Court held that after properly administering the Miranda warning, the police did not need an express or implied waiver of rights before they interrogated the subject and that the suspect in this case failed to clearly invoke his right to remain silent by simply remaining mostly silent during the interrogation. The case doesn’t appear to drastically impact Miranda, but it does offer law enforcement additional guidance on when and how they can proceed with questioning suspects.