“Criminal suspects must now unambiguously invoke their right to remain silent – which counterintuitively requires them to speak,” she said. “At the same time, suspects will be legally presumed to have waived their rights even if they have given no clear expression of their intent to do so. Those results, in my view, find no basis in Miranda or our subsequent cases and are inconsistent with the fair-trial principles on which those precedents are grounded.”

-Supreme Court Justice Sonia Sotomayor (June 1, 2010)

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