 Berghuis v. Thompkins , 560 U.S. 370 ( 2010 ) ( docket 08 @-@ 1470 ) , is a decision by the United States Supreme Court in which the Court considered the position of a suspect who understands his or her right to remain silent under Miranda v. Arizona and is aware he or she has the right to remain silent , but does not explicitly invoke or waive the right . 
