Freeman v. State
Maryland Court of Special Appeals
857 A.2d 557 (2004)
Adele Freeman (defendant) drove herself to a police station after shooting Kevin Gross and told an officer she had shot someone; the officer read her Miranda rights, and when asked if she would knowingly waive those rights, she said nothing. The officer then asked how many shots she fired and what happened; she said she didn't know and that she didn't want to talk about it "right now," and the officer stopped questioning her at that point. A second officer later gave Freeman a fresh Miranda warning, which she signed and waived, described the shooting, but declined to give a formal statement and asked for a lawyer, at which point all questioning stopped. Freeman moved to suppress her statements to the first officer; the trial court denied suppression, she was convicted, and she appealed.
Whether an officer facing an ambiguous response to an initial Miranda advisement, at the pre-waiver stage, is limited to asking questions designed only to clarify the suspect's ambiguous response.