Your Right to Remain Silent

Persons subject to questioning by law enforcement officers have a right to remain silent. Before these persons are questioned they have a right to be warned that they have such right. A law enforcement agent is not required to cease his questioning of a suspect unless the suspect’s invocation of his right to remain silent is unambiguous. A law enforcement agent is not required to clarify ambiguous remarks; but may continue to question in order to do so. The failure of law enforcement to cut off questioning when a suspect invokes his right to remain silent renders any subsequent statement inadmissible.

The suspect’s right to remain silent must be thoroughly honored. The failure to thoroughly honor this right will result in the suppression of a resulting confession.

When/Once the suspect has invoked his right to remain silent, he may only be re-approached in a manner that thoroughly honors his continuing right to cut off questioning.

A passage of time and the repeating of the suspect’s Miranda rights are two factors in determining if the right to remain silent has been scrupulously honored.

When police continue to question the suspect after the invocation of the right to remain silent in an effort to persuade him to change his mind, the right has not been thoroughly honored.

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