An In-Custody Suspect’s Reinitiation of Interrogation after Repeated Invocations

• Miranda v. Arizona
• Edwards v. Arizona
• An In-Custody Suspect’s Reinitiation of an Interrogation

An in-custody suspect’s repeated invocations of his right to silence and his right to the assistance of counsel do not necessarily prevent him from later changing him mind and agreeing to talk. The reinitiation of law enforcement’s ability to question the suspect is a matter of the suspect’s choice.  But the suspect’s waiver of his rights may be inferred under the circumstances.

Defendant Michael Raymond Johnson married G.A. in 1985, but maintained very little contact with her over the ensuing years.  In 1996, however, they renewed their relationship and began living together in Ojai, California.  Living with them was G.A.’s 15-year-old daughter, D.G., the product of another relationship, and her boyfriend; Francisco.  Defendant was jealous over G.A.’s relationship with D.G.’s real father, and also suspected that she was messing with Francisco.  So defendant moved out of the house.  But then two days later, on July 17, 1996, defendant showed up at the residence where G.A. worked as a housekeeper.  Armed with two pistols, defendant professed his undying love for G.A., telling her that he had to stay with her “every minute of every day.”  G.A. couldn’t reason with him (as he ranted on about robbing a bank and taking her to Wisconsin) or get him to relinquish his firearms. So, after defendant told her he was prepared to take her by force, she eventually got her employer’s permission to leave.  After going to G.A.’s house first, they eventually headed up to a mountain spot where they’d made love before; G.A’s compliance with his demands the product of defendant’s erratic mental ....