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Criminal Procedure Keyed to Dressler
Berghuis v. Thompkins
Citation:
560 U.S. 370, 130 S.Ct. 2250, 176 L.Ed.2d 1098.Facts
A deadly shooting occurred outside of a mall in Michigan. The defendant was a suspect and he fled. About a year later, he was found in Ohio and arrested there. An officer presented the defendant with a form that had the Miranda rights on it, and he asked the defendant to read it out loud. The defendant did so. The officer then asked the defendant to sign the form to demonstrate that he understood his rights, but the defendant declined to sign the form.
The officers began an interrogation that lasted for about three hours. At no point did the defendant say that he wanted to remain silent, that he did not want to talk with the police, or that he wanted an attorney. The defendant was mainly silent during the interrogation, but he did give a few limited verbal responses such as “yeah,” “no,” or “I don’t know.” About 2 hours and 45 minutes into the interrogation, an officer asked the defendant if he believed in God and if he prayed. The defendant said yes. The officer then asked, “Do you pray to God to forgive you for shooting that boy down?” The defendant answered “Yes” and looked away. The defendant refused to make a written confession, and the interrogation ended about 15 minutes later.
The defendant filed a motion to suppress the statements made during the interrogation, arguing that he had invoked his right to remain silent. The trial court denied the motion and he was convicted of murder.
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