Page 188 - Original 2020 Legal Guide By Jack Ryan

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.

©2020 Jack Ryan Legal & Liability Risk Management Institute 187