The Massachusetts Supreme Judicial Court (SJC) held that nonverbal expressive conduct can suffice to invoke the right to remain silent.
In Commonwealth v. Clarke, the Massachusetts Bay Transportation Authority (MBTA) transit police arrested defendant Brandon M. Clarke for indecent assault and battery that had occurred at a train station. Clarke was taken to an interrogation room and informed that their conversation would be recorded. One of the officers explained verbally to Clarke his Miranda Rights and that he had a right to sign a written waiver of those rights.
When the officer asked whether Clarke wanted to speak, Clarke responded by shaking his head back and forth to show he did not want to speak. The other officer explained that because Clarke does not want to speak, he is still not free to leave because he would still be charged and would have to appear in court. At that point, Clarke made statements showing that he was confused and eventually waived his rights.
The SJC held that the defendant expressed in a nonverbal manner that he invoked his Fifth Amendment right to remain silent by shaking his head in a negative fashion. The police are required to "scrupulously honor" that right. The SJC concluded that "the detectives did not scrupulously honor the defendant's right to remain silent and thereby eliciting the incriminating response that is the subject of the defendant's motion to suppress, the motion judge was correct in concluding that the defendant's statements must be suppressed."
Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil litigation, business litigation, business law, probate matters including wills, powers of attorney, health care proxy, same-sex parent adoptions, guardianships, animal law, or LGBT legal matters.
