…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