The Michigan Supreme Court says police officers do not have to stop talking to a suspect once the right to remain silent is invoked.
Kadeem White was a 17-year-old charged with murder and armed robbery who said he didn’t want to talk once he was read his Miranda rights.
The detective stopped asking questions, but carried on his side of the conversation expressing concern about the missing gun used in the crime until White blurted out a confession.
The trial court said the detective’s actions were the functional equivalent of carrying on the interrogation after White asserted his right to remain silent.
The Michigan Court of Appeals reversed the lower court, saying the detective lived up to his constitutional responsibilities and it was White’s decision to break his silence.
The state Supreme Court agreed, although it was a closely divided three-to-two decision.