The Supreme Court ruled today that in order to exercise your right to remain silent, you have to explicitly tell the police that you are invoking that right. It isn’t good enough to just remain silent.
As dissenting justice Sonia Sotomayor put it, this decision turns the famous Miranda rights upside down. “Criminal suspects must now unambiguously invoke their right to remain silent — which counterintuitively, requires them to speak. 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.”
What’s next on the Supreme’s agenda? You only get due process of law if you ask for it? You have to label all of your possessions — your car, your home, your camera, your mobile — “private property” or else the government can take them away from you? The police can search your house when you’re not home unless you have signs telling them not to? The government can establish a religion unless you tell them you don’t want it? The government can use cruel and unusual punishment, unless you ask them to be nice?