When a defendant says that he does not want to talk about certain subjects in an interview, does that constitute a right to silence?

California, United States of America


The following excerpt is from People v. Gomez, F075678 (Cal. App. 2020):

As we have explained, however, the context of a defendant's statements may show that he is indicating "an unwillingness to discuss certain subjects without manifesting a desire to terminate 'an interrogation already in progress.' [Citation.]" (People v. Silva, supra, 45 Cal.3d at pp. 629-630.) While defendant made statements that he did not want to talk about certain things, and he was not going to say anything, the entirety of the record clearly shows that in the context of the interview, defendant was refusing to answer particular questions by the detectives and he was not invoking his right to silence.

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