Weeks v. Commonwealth
In Weeks v. Commonwealth, 248 Va. 460, 470, 450 S.E.2d 379, 386 (1994), the Virginia Supreme Court adopted the "case by case approach to determine if continued questioning was appropriate after an initial refusal to answer questions" suggested by the United States Supreme Court in Mosley. Weeks, 248 Va. at 471, 450 S.E.2d at 386.
The Court further approved and applied the five inquiries mentioned in Mosley as pertinent to a resolution of the issue. Id.
First, whether defendant "was carefully advised" before the initial interrogation "that he was under no obligation to answer any questions and could remain silent if he wished."
Second, whether there was an immediate cessation of the initial interrogation, and no attempt to persuade defendant to reconsider his position.
Third, whether the police resumed questioning "only after the passage of a significant period of time."
Fourth, whether Miranda warnings preceded the second questioning. Fifth, whether the second interrogation was limited to a crime that had not been the subject of the earlier interrogation. Id.