Criminal suspects will have to speak up to preserve their right to remain silent in a police interrogation, the U.S. Supreme Court ruled Tuesday in a decision that critics called a major retreat from the landmark Warren Court decision in Miranda v. Arizona.

The Court’s 5-4 opinion also stated that, once a suspect has received and understood the Miranda warning about the right to remain silent, he or she automatically waives that right by answering a subsequent police question.

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