 The case of North Carolina v. Butler 441 U.S. 369 ( 1979 ) showed that a waiver of Miranda rights may be implied through " the defendant 's silence , coupled with an understanding of his rights and a course of conduct indicating waiver " . The court held that where a Miranda warning had been given and was understood by the accused , an accused 's uncoerced statement established an implied waiver of the right to remain silent . Thompkins answer to the police question , having understood but not chosen to invoke his rights , was sufficient to show a course of conduct indicating waiver . Further corroboration was that he had sporadically made other comments as well . 
