2842/09 - Maryland Courts

eing re-advised of her Miranda rights. Raras, 140 Md. App. at 143-45, 153-54. Thus our
holding that the admission of appellant=s statements did not violate her Fifth Amendment rights
under Miranda applied to both the right to counsel and the right to remain silent.
Moreover, there is no language in the Raras opinion indicating that a different standard
applied when a suspect=s reinitiation of conversation with police occurred after the invocation of
the right to remain silent, as opposed to the invocation of the right to counsel. Finally, absent the
appellant=s reinitiation of conversation with police, the appellant=s statements to the police
probably would not have satisfied the Mosley test. The police ceased interrogation upon the
appellant=s invocation of her right to remain silent and re-advised her of her Miranda rights before
the second interview. Id. at 143-45, 148. The police, however, resumed the interview in less
than two hours (one hour and fifteen minutes to be precise) and did not restrict the questioning to a
crime that had not been a subject of the earlier interrogation. Id. at 148-50. Although we did not
expressly state in Raras that a suspect=s reinitiation of conversation with the police after the
invocation of the right to remain silent is an exception to the Mosley test, we clearly implied it.
Appellant, nonetheless, contends that Athe rules regarding requesting counsel and invoking
silence are different,@ and that the Atwo rights are distinct.@ Appellant is partially correct. The
Supreme Court has articulated both different and similar standards regarding the invocation of the
right to remain silent and the right to counsel.
As previously discussed, in Mosley, the Court held that police Ascrupulously honored@ the
suspect=s Aright to cut off questioning@ and thus did not violate Mosley=s right to remain silent,
where the police waited for over two hours before resuming questioning. 423 U.S. at 104. In
Edwards, the Court held that, if a suspect invokes his or her right to counsel, police must cease
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