 At least one scholar has argued that Thompkins effectively gutted Miranda . In The Right to Remain Silent , Charles Weisselberg argues that " the majority in Thompkins rejected the fundamental underpinnings of Miranda v. Arizona ’ s prophylactic rule and established a new one that fails to protect the rights of suspects . " and that " But in Thompkins , neither Michigan nor the Solicitor General were able to cite any decision in which a court found that a suspect had given an implied waiver after lengthy questioning . Thompkins persevered for almost three hours before succumbing to his interrogators . In finding a waiver on these facts , Thomphins gives us an implied waiver doctrine on steroids . " 
