Commonwealth v. Clarke

960 N.E. 2d 306 (2012)

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Commonwealth v. Clarke

Massachusetts Supreme Judicial Court
960 N.E. 2d 306 (2012)

Facts

Massachusetts Bay Transportation Authority transit police arrested Clarke (defendant) for alleged indecent assault and battery. Before questioning, police reviewed Clarke’s Miranda rights with him and provided a waiver form. Clarke asked what would happen if he did not speak to police. One officer informed Clarke that nothing would happen and asked whether Clarke wanted to talk. Clarke shook his head no. A second officer clarified that Clarke would be detained until released on bail or arraigned. Clarke repeatedly stated that he was confused and scared. The second officer replied that the officers could not talk to Clarke unless he decided to talk. Clarke then agreed to talk and signed the waiver form. Clarke subsequently admitted that he had brushed his hand against a man on the subway. The state (plaintiff) charged Clarke with assault and battery. The trial court granted Clarke’s motion to suppress the incriminating statements he made during the interrogation. The state appealed.

Rule of Law

Issue

Holding and Reasoning (Lenk, J.)

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