An In-Custody Suspect’s Reinitiation of Interrogation after Repeated Invocations
Robert Phillips
Robert Phillips
  • Ref # CAC00058
  • January 25, 2022

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

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

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.

FACTS

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 ....

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