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COMMONWEALTH v. CLARKE

SJC-10816.

461 Mass. 336 (2012)

COMMONWEALTH v. BRANDON M. CLARKE.

Supreme Judicial Court of Massachusetts, Suffolk.

January 13, 2012.

Attorney(s) appearing for the Case

Teresa K. Anderson, Assistant District Attorney, for the Commonwealth.

Rebecca A. Jacobstein (Anne Coolidge Masse with her) for the defendant.

Present: IRELAND, C.J., SPINA, CORDY, BOTSFORD, GANTS, DUFFLY, & LENK, JJ.

LENK, J.

While being held for custodial interrogation, and without having first waived the Miranda rights of which he had been advised, the defendant shook his head from side to side in response to the question, "So you don't want to speak?" The police then posed further questions and, after a time, the defendant made incriminating statements. A judge in the Dorchester Division of the Boston Municipal Court Department allowed...

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