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Criminal Procedure keyed to Kamisar
Berghuis v. Thompkins
Citation:
560 U.S. 370, 130 S.Ct. 2250, 176 L.Ed.2d 1098 (2010)Facts
Before officers questioned Thompkins (defendant) about a shooting, they presented him with a form containing four standard Miranda warnings and a fifth warning which stated, “You have the right to decide at any time before or during questioning to use your right to remain silent and your right to talk with a lawyer while you are being questioned.” The detective read the four standard warnings and then requested Thompkins to read the fifth warning out loud. Thompkins did not state that he wanted to remain silent or speak to a lawyer, but he declined to sign a written acknowledgment that he had been advised of and understood his rights.
During the almost 3 hours of interrogation, Thompkins made few verbal responses such as “yeah,” “no,” and “I don’t know.” After about 2 hours and 45 minutes, the detective asked Thompkins about his religious beliefs and whether he believed in and prayed to God. Thompkins responded that he did. The detective then asked if he prayed to God to forgive him for shooting a boy, and Thompkins answered that he did.
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