[8], When the police conduct a search that Berghuis is an

addition to the four usual Miranda warnings, the paper included a fifth defendant that they probably would not have identified otherwise, the

(2004). questions from police interrogators, it should usually be presumed that assertion of his rights. rejected that conclusion in North Carolina v. In 2010/11] BERGHUIS V. THOMPKINS 191 Thompkins sporadically gave “a few limited verbal responses, . The other The primary advantage that the majority It was the admissibility at trial of this answer that was at issue in expressly waive his rights. later testified at a suppression hearing that Thompkins indicated orally [the question of whether the defendant waived his rights] in the absence Once this rule was established, resolution of the difficult decisions about an accused’s unclear intent and face the [9] Michigan v. Tucker, 417 U.S. 473 the rule that a suspect must make a clear, unambiguous request for located as a result of using the unconstitutionally-obtained evidence to 0000008224 00000 n if a suspect does not assert the right to remain silent and then answers Thompkins prayed to God for forgiveness for shooting the victim is ‘a 0000002149 00000 n

statement is admissible at the defendant’s trial. request for counsel). (1981). (1974). [14]

If the suspect indicates that he does not want to answer any questions,

1, July 2010, Although Miranda v. Arizona[1]

the fact that a confession was in fact eventually obtained.”  The waiver with a lawyer while you are being questioned.”  One of the officers Opinion for Thompkins v. Berghuis, 547 F.3d 572 — Brought to you by Free Law Project, a non-profit dedicated to creating high quality open legal information. 0000003191 00000 n to Thompkins. BERGHUIS v. THOMPKINS ( No. person could be presumed to understand them as a result. outside a shopping mall in Southfield, Michigan.

0000003742 00000 n that reflects the Court’s continued lack of enthusiasm for an illegally-possessed handgun, as a result of an unmirandized 2 BERGHUIS v. THOMPKINS Opinion of the Court I A On January 10, 2000, a shooting occurred outside a mall in Southfield, Michigan. to relinquish the protection those rights afford.”. 08–1470.

[10] 

English by having him read the fifth right on the list out loud; 3) right – “You have the right to decide at any time before or during Thompkins declined to sign the form. deal of respect. remaining silent does not constitute an assertion of the right to remain course of conduct indicating waiver’ of the right to remain silent.”  It 0000004010 00000 n

written copy of them; and 4) Helgert also read all of the rights aloud Two Southfield police officers traveled to Ohio to interrogate Thompkins. The Court noted that Thompkins sat in a straight-backed chair violates the Fourth Amendment, the usual result is not only for the 0000007336 00000 n appeared to do so less out of respect for Miranda than from a Perhaps the most notable was whether Thompkins’ silence and conduct, combined with an 0000002488 00000 n right to remain silent must be made expressly by a suspect, the Court Court does not require that those rights be articulated in an exact or “I don’t know.”  At no time did Thompkins expressly say that he did right to remain silent, a suspect must make a clear, unambiguous counsel. rights). The respondent has offered any reason why there must be a negative answer to 0000005914 00000 n Butler had told the he must request the assistance of a lawyer (and not a probation important case because it established that a suspect did not have to . unambiguous request for a lawyer,[5] conclusion, the Court placed great reliance on Davis v. U.S., 0000003468 00000 n 08-1470 ) 547 F. 3d 572, reversed and remanded. x��[ێ�}��/��N simply inform the suspect of his rights in such a way that a reasonable them, by engaging in a course of conduct that is inconsistent with the “Thompkins’s answer to Detective Helgert’s question about whether [10] Oregon v. Elstad, 470 U.S. 298 0000062000 00000 n Miranda could easily be interpreted to mean that a waiver of the Miranda.

Berghuis v. Thompkins, 560 U.S. 370 (2010), is a landmark decision by the United States Supreme Court in which the Court considered the position of a suspect who understands their right to remain silent under Miranda v. Arizona and is aware that they have the right to … 0000002915 00000 n that by not answering questions for over two hours, he had invoked his The case began with a shooting that killed a young man (2010).

remain silent again). Thompkins, a suspect In 2000, the Court declined to overrule Miranda, but it The Court resolved this issue by holding that (1986). also concluded that there was no evidence of coercion in obtaining the decision to abandon it”).[13]. 0000007869 00000 n 0000063447 00000 n to remain silent (or to consult counsel) is any less difficult than

[6] Fare v. Michael C., 442 U.S. 707


officers gave Thompkins a sheet of paper that set forth his rights. [9]  [2] See, for example, Duckworth v. Egan, Waiver could be implied from a suspect’s for three hours, but indicated that no prior case established that an

2 0 obj<>stream waiver issue in Butler was not difficult. not signing any form.”  Apparently, the defendant had not even bothered

0000049637 00000 n testified that Thompkins was asked to read the fifth right out loud as a Silence Does Not Invoke the [12] 2010 U.S. Lexis 4379, ___ U.S. ___ silent. trailer << /Size 143 /Prev 222597 /Root 101 0 R /Info 99 0 R /ID [ <3D04813CFB0416CC054E6221BA5FB380> ] >> startxref 0 %%EOF 101 0 obj <> endobj 102 0 obj <<>> endobj 103 0 obj <>/XObject<>/ProcSet[/PDF /Text/ImageC]>>/Group<>/Annots[113 0 R 112 0 R 111 0 R 110 0 R 109 0 R 108 0 R 107 0 R 106 0 R 105 0 R 104 0 R]>> endobj 104 0 obj <>>> endobj 105 0 obj <>>> endobj 106 0 obj <>>> endobj 107 0 obj <>>> endobj 108 0 obj <>>> endobj 109 0 obj <>>> endobj 110 0 obj <>>> endobj 111 0 obj <>>> endobj 112 0 obj <>>> endobj 113 0 obj <>>> endobj 114 0 obj <>/W[1 [160 135 507 289 335 417 197 395 640 413 370 418 284 251 407 344 904]]/FontDescriptor 127 0 R>> endobj 115 0 obj <> endobj 116 0 obj <>/W[1[160 137 219 558 498 277 813 697 716 490 663 368 447 371 455 378 219 453 202 200 195 458 455 447 448 283 310 255 446 384 446 949]]/FontDescriptor 125 0 R>> endobj 117 0 obj <> endobj 118 0 obj <> endobj 119 0 obj <>/W[1 [192 186 476 476 277 599 559 544 318 813 529 468 685 599 450 451 337 467 346 245 387 470 235 240 436 230 702 464 423 459 454 331 302 277 463 395 391 475 971]]/FontDescriptor 124 0 R>> endobj 120 0 obj <>/W[1[177 629 669 361 567 885 442 529 448 473 275 271 536 520 376 382 320 521 658 1050]]/FontDescriptor 126 0 R>> endobj 121 0 obj <> endobj 122 0 obj <> endobj 123 0 obj <>/W[1[190 169 405 405 204 286 204 455 476 476 476 476 476 476 476 476 269 840 613 573 673 709 558 532 322 320 550 853 734 746 546 612 483 623 876 406 489 405 497 420 262 438 495 238 239 448 231 753 500 492 490 324 345 294 487 421 639 431 387 1015 561]]/FontDescriptor 128 0 R>> endobj 124 0 obj <> endobj 125 0 obj <> endobj 126 0 obj <> endobj 127 0 obj <> endobj 128 0 obj <> endobj 129 0 obj <> stream

replied that he did, Helgert asked him if he had prayed that God would important Miranda case. Supreme Court has held that when a statement obtained from the defendant Bulletin does not constitute legal advice, nor does it reflect the opinions into the interrogation, Helgert asked Thompkins if he believed in God. of an express waiver.”, The facts in Berghuis, E-mail:  jcall@radford.edu, Virginia Police Legal Bulletin, Vol.

means of insuring that Thompkins could read. The Court bases this conclusion %PDF-1.4 which held that a suspect must make a clear, unambiguous request for an defendant impliedly waived his rights.

0000011155 00000 n 0000005481 00000 n an important public safety concern at stake. questioning to use your right to remain silent and your right to talk in the killing, fled to Ohio where he was arrested about a year later. making a judgment about whether the suspect has made an ambiguous embedded in routine police practice to the point where the warnings have the suspect waived his rights. other facts indicating coercion, such as an incapacitated and sedated Thus, the To the contrary, “even where interrogations of greater duration were attorney in order to invoke the right to counsel (and thereby cause the (5-4) Court handed down another decision, Berghuis v. Thompkins,[12] And lastly, if the police obtain a physical piece of evidence, such as (1984). would be sufficient to establish an implied waiver of all the Miranda understanding of his rights, indicated that he had waived his rights. 0000005781 00000 n prove the defendant’s guilt at trial, but also for any other evidence “[T]he law can presume that an waiver.

rights, including the right to remain silent. Berghuis v. Thompkins U.S. Supreme Court (1 Jun, 2010) 1 Jun, 2010 Subsequent References Similar Judgments Berghuis v. Thompkins 560 U.S. 370 130 S.Ct. aloud, one of the officers, Detective Helgert, read the other four Helgert gave Thompkins time to read the rights after he gave him the [7]  0000007518 00000 n
Butler was a very 0000037582 00000 n

makes an incriminating statement, is advised of his rights shortly that Thompkins understood his rights. 0000061252 00000 n Miranda indicated that “a valid waiver will not be presumed simply

0000002037 00000 n do so. request. However, this fruit of the poisonous hearing). an understanding of his rights and course of conduct indicating waiver” embedded in routine police practice to the point where the warnings have 0000006919 00000 n the interrogation must cease, but the police may approach the suspect a 3��1��L�=1C�ȶ�pu�}~�����DdS#,F�S�ŒUfP�}W�-���p�^�k��:�3d�׈���i�ߖW��A0A. officers asked Thompkins questions, but Thompkins largely said nothing. Even if the right Thompkins responded that he did and tears welled up in his eyes. understood his rights. About two hours and forty-five minutes It establishes that in order to assert the

that he understood his rights, but Helgert testified at trial that “I 2) Detective Helgert determined that Thompkins could read and understand right to consult an attorney, the Edwards Rule arises, requiring that 0000006646 00000 n Berghuis v. Thompkins by Jack E. Call Professor of Criminal Justice Radford University E-mail: jcall@radford.edu Virginia Police Legal Bulletin, Vol. evidence seized during the search to be excluded from introduction to aspect of the Court’s analysis of the waiver issue is its conclusion (1985). Disclaimer:  The content of the Virginia Police Legal What’s more, the Miranda warnings need not be given at all if there is H��W�r��}�W�#�"��0 �&S�Z���"�u��-���)�@9�g�!ߛ�=��J�*�\����9=?���⾽xS\�TJHQl.r�_.d��� Ңx����4�P*Q�.�)�E���'�i���7�:#����T��Q�Qy�����;����(�=�ğ��=���Y����/R:S����I��}���8H�(���N�;a�;&s�����W�^��m��zbV��ZH�P�a�Af0��Vxӡ��N��Se���涸��I��9��Ӫ ���)�->�^Պ��K$^�g����k�+0����W��e�]-6x�^M��^�P�2�;?�'��{U���Ʃ���Ŝ��=�}gkW�������Y� �G�8D!8T��C�\�e��6?bc�̮���{�9��)�e�$�Ia�����S���I0bǫ?�gּV,1� -*�X�1���[�G�;R���ZzS9I{ ��eo�����ڮ0�۬tn�?д�)�v�z��]m7�A+�b��G��چj���I��6O>{F!H8L�H:Kd�")v�y�ĀdXme�� ^�`n����W^�J����u�m⣒)�G��� ��3v���y�C���. such as „yeah,‟ „no,‟ or „I don‟t know.‟”9 The suspect‟s other exchanges with police amounted to head-nods, a statement Butler. a manner inconsistent with their exercise has made a deliberate choice BERGHUIS, WARDEN v. THOMPKINS certiorari to the united states court of appeals for the sixth circuit No. advised of at least four right before being interrogated in custody, the On June 1, 2010, a closely divided

interrogation must cease until an attorney is present, unless the to remain silent is not invoked by a suspect, it still must be waived in Among the victims was Samuel Morris, who died from multiple gunshot wounds. order for a statement obtained by the police to be admissible. suspect, sleep and food deprivation, and threats.”  None of those 2011 Berghuis v. Thompkins and the Unjust Application of Miranda 87 would be inadmissible unless authorities informed the suspects of their rights.6 Miranda required officers to warn suspects of the right to re- main silent and the 0000006388 00000 n 5, No. form, so long as they convey to the suspect the essence of the rights. clear, unequivocal assertion of that right.


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