Waiving Miranda Rights Through Ambiguous Conduct

Photo: Nick Canella, BigStockPhoto

By Catherine Park, Esq. A suspect must invoke his Miranda rights unambiguously, but can waive Miranda rights by acting ambiguously.   The U.S. Supreme Court held in the case of Berghuis v. Thompkins, 560 U.S. 370 (2010), that a suspect in custody who has been read his Miranda rights must invoke his right to remain silent unambiguously.  That is, if he… Continue reading Waiving Miranda Rights Through Ambiguous Conduct