Commonwealth v. Clarke

While being held for custodial interrogation, and without having first waived the Miranda rights of which he had *337been advised, the defendant shook his head from side to side in response to the question, “So you don’t want to speak?” The police then posed further questions and, after a time, the defendant made incriminating statements. A judge in the Dorchester Division of the Boston Municipal Court Department allowed the defendant’s motion to suppress those statements. A single justice of this court allowed the Commonwealth’s application for leave to appeal from the allowance of the motion to…