State v. McLain

Maine Supreme Court held that the state constitution’s privilege against self-incrimination provides greater protection than the federal Fifth Amendment with respect to waiving that privilege, requiring any such waiver to be clear and unequivocal and, if the waiver is ambiguous, requiring the officer to stop and clarify whether the individual is waiving the privilege. The court also held that, even after a valid waiver has occurred, if the individual ambiguously or equivocally invokes the privilege, including mentioning the attendant right to counsel, the police must either cease questioning or clarify the request to determine if the person is invoking the right to remain silent.