if you are placed under arrest you must now explicitly state that you wish to remain silent.

YOU MUST SAY OUT LOUD TO THE ARRESTING OFFICER THAT YOU WISH TO REMAIN SILENT if that is your choice.

if you do not state that you wish to remain silent you have NOT invoked your right to remain silent.

this comes form a new ruling which took place on tuesday, june 1, 2010.

http://www.nytimes.com/aponline/2010/06/01/us/politics/AP-US-Supreme-Court-Miranda-Rights.html?_r=1&hp

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