Today the Supreme Court ruled five to four that suspects have to explicitly tell police that they wish to remain silent to invoke Miranda protections during interrogations.
In her dissent, Justice Sonia Sotamayer landed on why the ruling was a bad one, "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. Those results, in my view, find no basis in Miranda or our subsequent cases and are inconsistent with the fair-trial principles on which those precedents are grounded."
It remains to be seen just how detrimental this will be. Hopefully, it will actually now empower suspects to clearly state they wish to remain silent until their attorney is present.
As always, knowing your rights when dealing with law enforcement is paramount: Know Your Rights When Encountering Law Enforcement