Violation of Suspect's Right to Silence During Interrogation
The Michigan v. Mosley, 423 U.S. 96, 46 L. Ed. 2d 313, 96 S. Ct. 321 (1975) Court found five factors important to determine whether a suspect's right to silence had been violated:
(1) whether the suspect was informed of his right to remain silent prior to the initial questioning;
(2) whether the suspect was informed of his right to remain silent prior to the subsequent questioning;
(3) the length of time between initial questioning and subsequent questioning;
(4) whether the subsequent questioning focused on a different crime;
(5) whether police honored the suspect's initial invocation of the right to remain silent. Id.
In Watson v. State, 762 S.W.2d 591 (Tex. Crim. App. 1988), the court found the appellant's right to silence was not scrupulously upheld.
In Watson, four interrogations took place on the same day separated by a few hours. Watson, 762 S.W.2d at 592-94.
During the third interrogation, the suspect made a statement that led officers to evidence which was presented to him in the fourth interrogation at which time he confessed. Id.
However, in Watson, the officers continued to ask questions after the suspect's initial invocation of his right to silence. Id.