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Miranda Waiver – Scrupulously Honoring Right to Silence

State v. Scott Leason Badker, 2001 WI App 27, 240 Wis. 2d 460, 623 N.w.2d 142
For Badker: Timothy A. Provis

Issue: Whether Badker’s in-custody assertion of his right to silence was scrupulously honored so as to allow re-interrogation.

Holding: Badker was arrested for sexually assaulting his girlfriend. He was released on bail, conditioned on not having contact with her. He killed her and, while he remained at large, a complaint was issued charging him with bail jumping (but not the homicide). When arrested, he informed the officers that his attorney on the pending sexual assault charges had told him not to talk to the police. The interrogation ceased and he was turned over to booking; the booking officer apparently couldn’t leave well enough alone, asking: “So, you don’t want to talk, huh?” Badker allowed he wasn’t sure and another interrogation commenced, but Badker again said he didn’t want to talk, and it stopped. Badker began groaning, an officer asked if he was alright, and he said he was sick and that he couldn’t help it. Asked what kind of help he wanted, Badker said he wanted to talk to the investigators. The officers then re-read his rights and he confessed. Re-interrogation following assertion of right to silence isn’t strictly prohibited; the issue is whether this right was scrupulously honored, and the court holds it was.


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