Police in Maine must be certain that a suspect has waived their constitutional rights before questioning them, the Maine Supreme Judicial Court ruled Friday.

Suspects in custody must be informed of their right to a lawyer and against self-incrimination under both the state and U.S. constitutions. The Maine Constitution’s protections are more direct.

In a unanimous decision, the state’s highest court ruled that authorities cannot continue to question a suspect if they have not relinquished those rights in a manner that is “clear and unambiguous.”

“We require that it be clear and unequivocal, like we require for all waivers of constitutional rights,” the decision reads. “If the waiver of the privilege is ambiguous, an officer must, before any questioning, stop to clarify whether the individual is in fact waiving the privilege against self-incrimination.”

The ruling overturned a conviction stemming from a 2020 drug trafficking case in Penobscot County, in which Derric McLain was arrested and brought to the county jail on charges of aggravated drug trafficking and violating conditions of release.

He was brought in for questioning by Paul Gauvin, agent for the Maine Drug Enforcement Agency, who read McLain his rights and asked if he wanted to answer questions.

McLain responded that it “depends on the questions” and asked “Is there a lawyer here?” Officers responded “No,” and continued to question him.

McClain has been in prison since 2021. He moved to suppress evidence from the interrogation, arguing that he did not waive his right to a lawyer in explicit terms. The motion was denied by a lower court before being brought to the Supreme Judicial Court in 2022, which remanded it back to the lower court Friday.

McClain’s attorney, Hunter Tzovarras, did not immediately return a request for comment on the ruling.

The Maine American Civil Liberties Union celebrated the decision, saying in a statement that “the landmark ruling strengthens safeguards for the right to remain silent and the right to counsel.”

“Though federal courts may continue eroding some of our most basic rights, it is essential that state courts embrace state constitutions to uphold our fundamental rights and freedoms,” said Carol Garvan, the Maine ACLU’s legal director.

The Fifth Amendment of the U.S. Constitution has been interpreted as protecting against self-incrimination since a landmark 1966 Supreme Court ruling that created the “Miranda rights,” which require police to inform suspects that their statements may be used against them in court and that they have the rights to remain silent, be provided with an attorney and consult with them before questioning.

Article 1, section 6 of the Maine Constitution, however, expressly prevents people from being “compelled to furnish or give evidence against himself or herself.”

“Our precedent demonstrates a strong commitment to ensuring that rights under the Maine Constitution are protected,” Chief Justice Valerie Stanfill wrote in the decision.

“Invocations of a constitutional right need not be explicit before interrogators must stop to clarify whether suspects are in fact waiving or invoking their constitutional rights,” she added.