2842/09 - Maryland Courts

afternoon by Cpl. Mann remained tainted and should be suppressed as well.@ Thus we will focus
our analysis on the admissibility of the statements that appellant made during the first interview.
Appellant argues that the trial court erred in denying his motion to suppress, because
appellant=s Aright to cut off questioning@ was not Ascrupulously honored,@ in violation of the
Supreme Court=s opinion in Michigan v. Mosley, 423 U.S. 96 (1975). According to appellant,
Mosley Adistinctly sets the framework by which Miranda can be satisfied in [an] interrogation after
the right to remain silent has been invoked.@ Appellant points to the four factors in Mosley that
are to be considered in determining whether a defendant=s right to cut off questioning has been
scrupulously honored: Athat the police >[1] immediately ceased the interrogation, [2] resumed
questioning only after the passage of a significant period of time [more than two hours] and [3] the
provision of a fresh set of warnings, and [4] restricted the second interrogation to a crime that had
not been a subject of the earlier interrogation.=@ Id. at 106 (alterations by appellant).
With respect to the first two factors, appellant contends that there was Anever a break in
communication@ between Sgt. Becker, Cpl. Bachtell, and appellant during the first interview, and
that the officers did not attempt to cease the interview after appellant invoked his right to remain
silent. Additionally, appellant claims that Aat best 9 minutes passed before [appellant] was
explicitly asked to waive his right to remain silent.@ Appellant therefore argues that Alittle to no
time@ passed before the officers resumed questioning, far shorter than the two hours of time that
passed between the two interviews in Mosley.
Regarding the third factor, appellant concedes that he did sign a Miranda waiver Aa mere
10 minutes@ after invoking his right to remain silent, and that this fact does not weigh against the
State. As to the final factor, appellant points out that the subsequent questioning related to the
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