Does a defendant have to unequivocally invoke their right to remain silent during an interview?
MultiRegion, United States of America
The following excerpt is from Vongvilay v. Lewis, No. 2:12-cv-2680 CKD P (E.D. Cal. 2013):
did not unequivocally invoke his right to remain silent, despite stating, at one point in interview, "I'd rather not talk about it."); Hurd v. Terhune, 619 F.3d 1080, 1088 (9th Cir. 2010) ("Thompkins make clear that a criminal defendant must affirmatively and unambiguously invoke his right to remain silent if he wishes to cut off police interrogation.").
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does a defendant have to be warned that he has a right to remain silent at questioning? (MultiRegion, United States of America)
Can a police officer defend a civil rights action against a defendant in a civil civil rights case under discovery? (MultiRegion, United States of America)
Are comments made by the prosecutor at closing argument denied a defendant's right to remain silent? (MultiRegion, United States of America)
Can a criminal defendant waive his Sixth Amendment right to counsel to invoke his right to self-representation? (MultiRegion, United States of America)
When a criminal defendant is denied the right to appear in court pro se, can he rely on the "harmless error analysis" to determine if he has ever invoked his right to self-representation? (MultiRegion, United States of America)
How does the Fifth Amendment protect a defendant's Fifth Amendment right to remain silent? (MultiRegion, United States of America)
Can a defendant be punished for exercising his right to remain silent during the sentencing phase of a criminal prosecution? (MultiRegion, United States of America)
When an unrepresented defendant in police custody invokes his right to a lawyer, what is the effect of that right? ("New York", United States of America)
What is the standard for determining if there has been an impermissible comment on a defendant's right to remain silent at the time of his arrest? (MultiRegion, United States of America)
What rights does a defendant have to remain silent at trial? ("New York", United States of America)
