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 ....