Frederic Gabriel v. Ricky D. Dixon, Secretary, Florida Department of Corrections
CriminalProcedure HabeasCorpus
Did the police violate the petitioner's Fifth Amendment right by continuing to interrogate him after he unambiguously invoked his right to silence?
QUESTION(S) PRESENTED 1. DID THE ACTIONS OF POLICE VIOLATE THE PETITIONER'S FIFTH AMENDMENT RIGHT WHEN THE PETITIONER INVOKED HIS RIGHT TO SILENCE BY UNAMBIGUOUSLY STATING: “NO, I DON'T WANT TO TALK TO YOU" TO DETECTIVES WHO ACKNOWLEDGED THIS STATEMENT BUT REFUSED TO SCRUPULOUSLY HONOR THE PETITIONER'S STATEMENT BY NOT CEASING THE INTERROGATION AND SUBSEQUENTLY USED THE STATEMENT AGAINST THE PETITIONER AT TRIAL? 2. DOES LAW ENFORCEMENT VIOLATE A SUSPECTS FIFTH AMENDMENT RIGHT WHEN THEY OBTAIN AN INCRIMINATING STATEMENT IN DIRECT VIOLATION OF MIRANDA, FROM A DEFENDANT WHO HAS VERY LIMITED ENGLISH, SO LONG AS THEY ALSO GET THE SUSPECT TO RESTATE PORTIONS OF A PREVIOUS NON-INCRIMINATING STATEMENT THEREBY RENDERING THE SUBSEQUENT STATEMENT CUMULATIVE? ii