After Berghuis v. Thompkins, it seemed like the law on whether an invocation of the right to silence was clear and unambiguous had completely flat lined. Well, the Third District Court of Appeal just busted out some defibrillators on that Fifth Amendment that we all thought was so special. The unequivocal assertion of rights in that case? “Take me home” tonight! The court summed the demands up:
“Here, we have 13 demands to be taken home during the span of 14 minutes, one of which was tied to defendant’s “rights.”” (He said “I know my rights” when he said “take me home.”) Of course, the error was not prejudicial, but this makes for some mmm mmm good law.
Eddie Money said it best, when trying to invoke, you needa say “take me home tonight!”
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