Wednesday, December 06, 2006

AD4: defendant telling police he has "nothing to say" = invoking right to remain silent

People v Reid, 2006 NY Slip Op 08458 [available here]

Upon being Mirandized and asked if he would waive his rights and speak to police, the defendant in Reid said he had "nothing to say." (Reid, 2006 NY Slip Op 08458.) The police pressed on with questioning; the Fourth Department held that defendant's statement (that he had "nothing to say") was the equivalent of invoking his right to remain silent, and the police "failed to 'scrupulously honor []' defendant's right to remain silent" by continuing the interrogation. (Id.) The Fourth Department nevertheless found the error harmless.