Berghuis v. Thompkins
United States Supreme Court
130 S. Ct. 2250 (2010)
Thompkins (defendant) was read his Miranda rights, read part of the warning form aloud himself, but refused to sign it; over roughly three hours of interrogation he stayed mostly silent or gave one-word answers, never stating he wanted a lawyer or to remain silent, until he answered "yes" when asked whether he prayed to God for forgiveness for shooting the victim. The trial court denied his motion to suppress that statement, and he was convicted; after state appeals failed, Thompkins sought federal habeas relief, which the district court denied but the Sixth Circuit granted, finding the state court's waiver ruling unreasonable. The Supreme Court granted certiorari.
Whether a suspect who understands his Miranda rights but remains mostly silent for a lengthy interrogation, without expressly invoking his right to remain silent, waives that right by later making a voluntary incriminating statement.