Editor's Note :

Editor's Note :

The court will release orders from the March 16 conference on Monday at 9:30 a.m. There is a possibility of opinions on Tuesday and Wednesday.
On Monday the court hears oral argument in Sveen v. Melin. Amy Howe has our preview.

Berghuis v. Thompkins

Docket No. Op. Below Argument Opinion Vote Author Term
08-1470 6th Cir. Mar 1, 2010
Jun 1, 2010 5-4 Kennedy OT 2009

Holding: The police are required to stop questioning a suspect once he invokes his Miranda right to remain silent. In this case, the Court held that a suspect did not invoke his right to remain silent by simply not answering questions. Instead, a suspect must unambiguously invoke his right to remain silent before the police are required to end their questioning.

Judgment: Reversed and remanded, 5-4, in an opinion by Justice Anthony Kennedy on June 1, 2010. Justice Sotomayor filed a dissenting opinion, joined by Justices Stevens, Ginsburg, and Breyer.

SCOTUSblog Coverage

Briefs and Documents

Merits Briefs

Amicus Briefs

Certiorari-stage documents

Term Snapshot