For a detainee's request to remain silent to be effective, it must be:

For a detainee's request to remain silent to be effective, it must be explicit, unambiguous, and unequivocal. This means that the individual must clearly articulate their desire to exercise their right to remain silent, leaving no room for interpretation or doubt about their intentions.

In the context of custodial interrogations, the law requires that a suspect's request to terminate questioning or to invoke the right to remain silent should be made in a manner that unequivocally communicates their wish to stop speaking with law enforcement. A clear and direct statement helps protect the individual's constitutional rights under the Fifth Amendment against self-incrimination. If the request is not explicit and unambiguous, police may not fully understand that the individual wishes to remain silent, leading to potential constitutional violations if questioning were to continue.

To enforce this standard, courts have sought to ensure that custodial interrogation practices respect the clearly articulated rights of detainees, making it vital for individuals to express their wishes in a manner that cannot be reasonably misinterpreted.