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You have the right to remain silent, after you tell the police you want that right.
…but only if you explicitly tell the police that you plan to invoke the Miranda right afforded to you by the US Constitution. The U.S. Supreme Court, in a 5-4 decision, has decided that simply remaining silent is not sufficient. A suspect must declare it in the same way he must declare his desire for a lawyer. Justice Sonia Sotomayor says the decision “turns Miranda upside down.” because police officers and interrogators will now presume that a suspect has waived his Miranda right unless they hear those magic words.
Darius Charney, staff attorney, Center for Constitutional Rights