View Berghuis V. Thompkins Ruling Background. 3d 572, reversed and remanded. He was interrogated by police after being advised of his miranda van chester thompkins was a suspect in a shooting death that occurred in michigan.
Thompkins was arrested for a shooting in michigan. Defendant must invoke right to remain silent. The court of appeals acknowledged that a waiver of the right to remain silent need not be express, as it can be '`inferred from the actions and words of the person interrogated.''
Thompkins (defendant) was interrogated about his involvement in a murder.
Supreme court ruled five to four that persons being interviewed by the police are required to articulate their answers to the miranda warning that they have the right to remain silent. Thompkins appealed this ruling, along with the trial court's refusal to suppress his pretrial statements under miranda. Merits briefs brief for petitioner mary berghuis brief for respondent van chester thompkins reply brief for petitioner mary berghuis amicus briefs brief for wayne county, michigan in support of petitioner brief for criminal justice legal foundation in berghuis v. He moved to suppress his statements made during the interrogation.