Commonwealth, Aplt. v. Lukach, J.

SAYLOR, C.J., BAER, TODD, DONOHUE, DOUGHERTY, WECHT, MUNDY, JJ.

OPINION

JUSTICE DOUGHERTY

We granted discretionary review to determine whether appellee Joshua Michael Lukach, who was subject to a custodial interrogation, clearly and unambiguously invoked his right to remain silent in accordance with the rule articulated in Berghuis v. Thompkins , 560 U.S. 370 , 130 S.Ct. 2250 , 176 L.Ed.2d 1098 (2010) and, if so, whether physical evidence collected as a result of his subsequent confession was properly suppressed. We conclude appellee unambiguously invoked his right to remain silent and was then…