How long must police wait to reinitiate contact with a suspect who has asserted their right to silence?

When a suspect has asserted their right to remain silent, law enforcement must adhere to specific protocols to ensure the suspect’s rights are protected. The U.S. Supreme Court ruling in Michigan v. Mosley establishes that after a suspect invokes their right to silence, police can only reinitiate contact after a reasonable period of time has passed.

The standard that has been set requires officers to wait at least two hours before approaching the suspect again. This allows sufficient time for the suspect’s assertion of their right to remain silent to be respected and ensures that any subsequent contact is conducted in a manner that does not violate the suspect's rights. The two-hour rule serves as both a safeguard for individuals under interrogation and a guideline for law enforcement to follow, reflecting the balance between effective policing and constitutional rights.

Waiting for this duration helps to minimize the potential for coercion or pressure following the initial assertion of the right to silence, confirming the integrity of the suspect’s decision to not answer questions at that moment.