Is a police officer required to stop questioning a suspect after he waives his right to silence?
California, United States of America
The following excerpt is from People v. Prestegui, 2d Crim. No. B252949 (Cal. App. 2015):
After a suspect waives his rights, officers are not required to cease questioning unless the suspect makes an unambiguous and unequivocal invocation of the right to silence or counsel. Nor are they required to clarify whether the suspect is invoking the right to silence if he makes an ambiguous or equivocal statement. (People v. Martinez (2010) 47 Cal.4th 911, 947-949.) The trial court correctly concluded that appellant failed to make an unambiguous and unequivocal
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invocation of the right to silence.
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