 Associate Justice Sonia Sotomayor wrote the dissenting opinion for four Justices , her first major dissenting opinion on the Court . She wrote that the case represented " a substantial retreat from the protection against compelled self @-@ incrimination that Miranda v. Arizona has long provided during custodial interrogation " , and that " [ S ] <unk> must now unambiguously invoke their right to remain silent — which , counterintuitively , requires them to speak . At the same time , suspects will be legally presumed to have waived their rights even if they have given no clear expression of their intent to do so . " 
