Page 188 - North Carolina 2020 Legal Guide
P. 188
Task: Further Questioning After Invocation of Right to Silence
Michigan v. Mosley, 423 U.S. 96 (1975).
Unlike the invocation of the right to counsel, an invocation of the
right to silence does not create a per se rule against all further
interrogation. Cases indicate that a second interrogation may be
allowed when:
• The suspect’s right to remain silent was clearly honored in the first
interrogation.
• A significant amount of time passed between the first and second
interrogation.
• The suspect was given a fresh set of warnings before the second
interrogation.
• No pressure tactics or illegal tactics were used to get the suspect to
relent.
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