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Supreme Court backs off strict enforcement of Miranda rights
The Supreme Court retreated from strict enforcement of the famous Miranda decision on Tuesday, ruling that a crime suspect's words can be used against him if he fails to clearly invoke his rights and instead, answers a single question after nearly three hours of interrogation.
In the past, the court has said the "burden rests on the government" to show that a crime suspect has "knowingly and intelligently waived" his rights.
But in a 5-4 decision Tuesday, the court said the suspect has the duty to invoke his rights. If he fails to do so, his later words can be used to convict him, the justices said.
The police are "not required to obtain a waiver" of the suspect's "right to remain silent before interrogating him," wrote Justice Anthony M. Kennedy.