What Happens After The Defendant Asserts His Right To Counsel?

If, after invoking their right to silence, the suspect initiates further conversation with the police, the resumption of police questioning will not constitute a failure to “scrupulously honor” the right to remain silent. State v. Fuller, 118 N.J.  at 83; State v. Mallon, 288 N.J. Super. at 147. Suppose there is any uncertainty or ambiguity about whether a suspect has asserted their right to remain silent. In that case, the police must cease asking questions about the crime, State v. Dixon, 125 N.J. 223, 240-241 (1991), but may question the suspect to clarify whether the suspect intends to assert their right to remain silent. State v. Harvey, 151 N.J. 117, 221 (1997); State v. Johnson, 120 N.J. at 283. See also State v. Harvey, 121 N.J. at 418-19. “Only if the suspect then makes clear that he is not invoking his Miranda rights should substantive questioning be resumed.” State v. Wright, 97 N.J. 113, 120 n. 4 (1984) (quoting U.S. v. Rigg,537 F.2d 1219 (4th Cir. 1976)); see also State v. Bohuk, 269 N.J. Super. 593.