The right to remain silent does not exist unless a suspect invokes it unambiguously. Decided June 1, 2010 (argued March 1, 2010). Opinion of the Court: Anthony Kennedy → go there Dissenting: Sotomayor. Applied: the Fifth Amendment → go there Applied: the Sixth Amendment → go there Topic: Right to remain silent. Berghuis v. Thompkins, 560 U.S. 370 (2010), is a landmark decision by the Supreme Court of the United States in which the Court held that, unless and until a criminal suspect explicitly states that they are relying on their right to remain silent, their voluntary statements may be used in court and police may continue to question them. The mere act of remaining silent is not sufficient to imply the suspect has invoked their rights even when the suspect actually intended their silence to have that effect. Furthermore, a voluntary reply even after lengthy silence can be construed as waiving the right to remain silent. Wiki link