State v. Diaz-Bridges, 208 N.J. 544

Elizabeth O'Brien was found murdered in her home on January 30, 2008; the defendant was a neighbor acquainted with her son.
Detectives questioned Diaz-Bridges in two January 2008 interviews; he repeatedly denied involvement and provided alibi accounts.
In May 2008, detectives traveled to Raleigh, North Carolina, and initiated a lengthy, nearly ten-hour interrogation after Diaz-Bridges agreed to speak.
During May 2 interrogation, Diaz-Bridges repeatedly invoked emotional cues and asked to speak with his mother; detectives afforded varying responses and breaks.
Around six hours into the May 2 interview, Diaz-Bridges asked to call his mother; the officers did not immediately honor the request and the interrogation continued.
Diaz-Bridges ultimately confessed after additional prompting and a later break which included allowing a call to his mother.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the first request to speak with mother invoked the right to silence	Diaz-Bridges's request signaled invocation; detectives should have paused.	Request was not a clear invocation and did not require cessation.	No clear invocation; questioning could continue
Whether the May 2 interrogation after the mother-request was admissible	Continued questioning violated right to silence and overbore will.	No invocation; statements voluntary under totality of circumstances.	Suppression improper; statements admissible except as noted
Whether the trial court or Appellate Division correctly interpreted invocation of right to silence	Trial court findings based on demeanor should control	Appellate analysis appropriately viewed words and conduct in context	Deference given to videotaped evidence; no automatic suppression
Whether officers violated Miranda by not re-administering warnings after the mother-call	Re-administering warnings was required after a break to consult mother	No invocation of silence; no need to re-warn	Not required; no invocation of silence occurred

State v. Harvey, 121 N.J. 407 (1990) (invocation of right to silence via request to speak with parent after custody)
State v. Hartley, 103 N.J. 252 (1986) (re-administration of Miranda to renew questioning after invocation)
State v. Bey (Bey II), 112 N.J. 123 (1988) (ambiguity in invoking right to silence; need clarifying questions)
State v. Johnson, 120 N.J. 263 (1990) (clear vs. equivocal invocation; deference to clarifying questions)
State v. Roman, 382 N.J. Super. 44 (2005) (contextual analysis of request to speak with parents)
State v. Brooks, 309 N.J. Super. 43 (App. Div. 2000s) (confession after request to speak with mother admissible in certain circumstances)
State v. Burno-Taylor, 400 N.J. Super. 581 (App. Div. 2008) (refusal to sign waiver can indicate invocation of silence )
State v. Alston, 204 N.J. 614 (2011) (analysis of invocation of right to counsel; informs approach to silence)
State v. O'Neill, 193 N.J. 148 (2007) (context for voluntariness and Miranda considerations)