Waiver of Right to Silence Can Be Implicit In Fact That Suspect Spoke After Warnings

The U.S. Supreme Court June 1 announced new rules that will make it significantly easier for prosecutors to use statements obtained by police interrogators during custodial interrogations. In a 5-4 decision, the court held that a suspect’s invocation of the right to silence must be explicit and unambiguous but that a waiver of the right to silence may be inferred from the fact that the suspect eventually makes statements to police (Berghuis v. Thompkins).

The surprising vehicle for the court’s announcements was a habeas corpus case in which the petitioner was convicted in state court of first-degree murder. ...