Reinitiation of Questioning After a Miranda Silence Assertion

“FROM THE CLASSROOM”
Ray Hill, Professor Emeritus, Santa Rosa Junior College

“Its ‘402’ time, officer.
 Who Wins, You or Defense counsel”

Note: 402(b) E.C. – A pre-trial court hearing to determine the admissibility of an admission or confession.

TITLE: Reinitiation of Questioning After a Miranda Silence Assertion

     Forthcoming will be a classroom review on basic Miranda and Confession Law. This review is equally applicable to detectives and those generalists who are assigned to investigate their own cases. So consider the following question: 

     A suspect is arrested for a residential burglary. He is given a Miranda warning and states, "I don't want to talk about it now". No questioning takes place. Several hours later, another investigator approaches the in-custody suspect about a separate residential burglary. The suspect waives Miranda and agrees to speak on this crime.

     Defense counsel argues “Once and refusal, always a refusal” with a Miranda silence assertion and seeks to suppress the second statement.

     Any statements from this second interrogation should be

ADMISSIBLE  OR  INADMISSIBLE 

     Statement #2 is admissible. A Miranda silence assertion on Offense #1 does not preclude an attempt to question on a separate, unrelated, and uncharged Offense ....

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