Saying I don’t want to talk invokes Miranda State v. Bass
Defendant appealed her conviction after she entered a conditional guilty plea. Police responded to a stabbing in defendant's father's home. Officers found defendant with blood on her clothes near her father's house and took her to police station to interview her. Detective testified defendant was a suspect in the killing but was not under arrest. Detectives told her they would read her Miranda rights to her, she responded "So I'm locked up?" and detectives said "No." That conversation occurred several times. Defendant also clearly said "I don't want to talk now…" and "I don't have nothing to say" before she waived her rights by signing the Miranda card. Defendant finally said I ain't got shit else to say." Detective testified it was her "general practice" to continue to give Miranda warnings even if a suspect said she did not wish to speak before the full warnings were given and asserted defendant "wanted to control the interview." Court reversed trial court's order denying defendant's motion to suppress and remanded the case. Court found trial court erred in ignoring "specific language" and found defendant invoked her right to silence three minutes into the questioning when she said "I don't want to talk now…" Defendant did not have to wait for the proper administration of her Miranda rights to invoke her right to silence. A-2533-21 NJLJ June 30, 2023
