WASHINGTON – In a narrowly split ruling, the Supreme Court said Tuesday that criminal suspects seeking to protect their right to remain silent must speak up to invoke it, a decision that dissenting liberal justices said turns the protections of a Miranda warning ‘upside down.’ Justice Anthony Kennedy, writing for the majority, did not disturb Miranda’s requirement that suspects be told they have the right to remain silent. But he said courts need not suppress statements made by defendants who received such warnings, did not expressly waive their rights and spoke only after remaining silent through hours of interrogation. Elena Kagan, nominated to join the court, sided with police as U.S. solicitor general when the case came before the court. A right to remain silent and a right to a lawyer are at the top of the warnings that police recite to suspects during arrests and interrogations. But Tuesday’s majority declared that in order to stop an interrogation, suspects must break their silence and tell police they are going to remain quiet. The 5-4 decision means that police can keep shooting questions at a suspect who refuses to talk as long as they want in hopes […]

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