Interpreting the Unambiguous Invocation

Interpreting the Unambiguous Invocation

Robert C. Phillips
DDA; retired
December, 2016

            It has long been one of Miranda v. Arizona’s[1] principle tenants that once an in-custody suspect invokes his right to silence (e.g., “I don’t want to talk.”), law enforcement officers are to “scrupulously honor” his wishes and immediately terminate an interrogation.[2]  From this basic concept has developed the rule that such a suspect cannot beat around the bush when invoking.  It is his obligation in attempting to invoke to make his desires clear and unequivocal.[3]  Although this rule applied at one time only to attempts to invoke one’s right to the assistance of counsel, it is now recognized that the same rule applies as well when invoking one’s right to remain silent.