Miranda Update #10 – “Equivocal or Ambiguous Response to a Miranda Admonition or During Questioning After a Miranda Waiver

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.

    This is the tenth in a series of mini-articles covering basic Miranda and Confession Law. This review is equally applicable to detectives and those generalists who are assigned to investigate their own cases.

“There wouldn’t be any possible way that I could have a – a lawyer present while we do this ” “Yeah, that’s what my dad asked me to ask you guys, um give me a lawyer” (Sessoms v. Runnells (2011) 776 F 3d. 610).

Equivocal or Ambiguous Response  to a Miranda Admonition

  An arrested suspect must make an unequivocal request for silence ....