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Criminal Procedure Keyed to Miller
Commonwealth v. Clarke
Citation:960 N.E.2d 306 (Mass. 2012)
Clarke (defendant) was arrested for indecent assault and battery. He was placed in an interrogation room and provided with a waiver form describing his Miranda rights. Clarke began to sign the form, but one of the detectives stopped him so he could verbally review the rights with Clarke. After going over the rights, the detective asked Clarke whether he wanted to discuss the charges. Clarke shook his head back and forth in a negative fashion, which the detective interpreted as meaning Clarke did not want to speak. However, another detective told Clarke that he would not be free to go home, that he would still be charged and detained. Clarke expressed his confusion and after some time, he agreed to sign the waiver form and admitted to repeatedly touching a man on the subway.
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