Does a defendant have a right to terminate questioning under the Miranda Rule?

California, United States of America


The following excerpt is from People v. Navarez, 169 Cal.App.3d 936, 215 Cal.Rptr. 519 (Cal. App. 1985):

"... Through the exercise of his option to terminate questioning he can control the time at which questioning occurs, the subjects discussed, and the duration of the interrogation. The requirement that law enforcement authorities must respect a person's exercise of that option counteracts the coercive pressures of the custodial setting. We therefore conclude that the admissibility of statements obtained after the person in custody has decided to remain silent depends under Miranda on whether his 'right to cut off questioning' was 'scrupulously honored.' " (Michigan v. Mosley, supra, 423 U.S. 96, 103-104, 96 S.Ct. 321, 326, 46 L.Ed.2d 313, fn. omitted.)

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