Louisiana Bar – Criminal Law, Criminal Procedure, And Evidence Practice Exam

During custodial interrogation, if a suspect invokes the right to remain silent, what must the officers do?

Continue questioning after a brief pause. Scrupulously honor the invocation and either stop questioning or wait a significant period before re-initiating. Rewarn the rights and proceed. Immediately arrest the suspect.

Correct Answer:

Scrupulously honor the invocation and either stop questioning or wait a significant period before re-initiating.

Explanation:

When a suspect in custody clearly invokes the right to remain silent, officers must stop questioning and respect that choice. The purpose is to prevent coercion and give the suspect time to decide whether to speak after weighing their rights. Interrogation can resume only after a significant break and with fresh Miranda warnings, and only if the suspect initiates further discussion. Opening up to pursue questions again immediately after the invocation would undermine the invocation. Arresting the suspect right away isn’t the remedy; the proper approach is to pause and wait, or to re-engage later only after the break and new warnings.

Access more questions from this quiz

Continue to Louisiana Bar – Criminal Law, Criminal Procedure, and Evidence Practice Exam for more practice questions and the full quiz experience.

Access More Questions