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State v. Hicks7/16/1982
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Q. Do you want me to ask you some more questions or you want me not to ask you anymore questions?
A. Go ahead, ax [ sic ] me more questions.
It is generally true that if an individual undergoing custodial interrogation indicates that he wishes to remain silent, the interrogation must cease. Miranda v. Arizona, supra. Once an individual has invoked his right to silence, a valid waiver of that right cannot be established by showing only that he responded to further police-initiated custodial interrogation. See Edwards v. Arizona, 451 U.S. 477, 101 S.Ct. 1880, 68 L.Ed.2d 378 (1981). The admissibility of statements obtained after the individual in custody has decided to remain silent depends under Miranda on whether his right to cut off questioning was scrupulously honored. Michigan v. Mosley, 423 U.S. 96, 96 S.Ct. 321, 46 L.Ed.2d 313 (1975).
The record shows that the interrogating detective did scrupulously honor appellant's right to remain silent. The detective merely attempted to ascertain whether appellant intended to invoke his right to remain silent. In so doing the interrogator made it clear that it was entirely appellant's choice whether he wished to continue and that he had no obligation to speak. Appellant's conduct shows no intention to invoke his right to remain silent. His incessant rambling in the face of the detective's express willingness to terminate the interrogation shows that appellant retained the right to cut off questioning, and merely chose not to exercise it. The questioning that follows the excerpted portion of appellant's statement was initiated by appellant himself. This is not a case where the police failed to honor a decision of a person to cut off questioning, either by refusing to discontinue the interrogation upon request or by persisting in efforts to force him to change his mind. Rather, this is a case where appellant did not clearly invoke his right to remain silent, but instead himself initiated further interrogation. Miranda does not require the police to force an accused to remain silent or to turn a deaf ear toward an accused who insists upon talking. We hold that the trial court did not err in admitting appellant's statement.
The judgment of conviction and sentence is affirmed.
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