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SJC says head shake is suspect’s legal right

By John R. Ellement and Martin Finucane

 |  Globe Staff  

  January 13, 2012

A simple shake of the head is all that is needed for a suspect to invoke the right to remain silent and end a police interrogation under the state constitution, the Supreme Judicial Court ruled for the first time today. Writing for the unanimous court, Justice Barbara Lenk said article 12 of the state Declaration of Rights provides more protection to Massachusetts citizens than does the Fifth Amendment to the US Constitution.

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