Section 6.37 Invocation of the Right to Remain Silent Must Be Unambiguous
| Library | DWI 2014 |
In Berghuis v. Thompkins, 130 S. Ct. 2250 (2010), the Supreme Court held that a suspect must unambiguously invoke the right to remain silent, and that right cannot be invoked by merely remaining silent during a substantial portion of an interrogation.
The defendant was questioned for 2 hours and 45 minutes during which time he was “[l]argely silent.” Id. at 2256. After the defendant said nothing of substance for this period of time, the interrogating officers were finally able to elicit incriminating...
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