State v. I.B.

¶1 Invocation of the right to remain silent must be unequivocal. Here, while being held *317for custodial interrogation, 15-year-old I.B. shook his head in the negative after police asked him if he was willing to talk. Nevertheless, police continued their questioning and I.B. made inculpatory statements. The trial court suppressed the statements, concluding that I.B.’s shake of the head signaled an unequivocal assertion of his right to remain silent. The State appeals, arguing that I.B.’s head shake was an ambiguous act subject to multiple interpretations. We disagree and affirm the trial court.

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