2) when a suspect requests a lawyer, can police continue to interrogate until the lawyer shows up?

by Prof. Lawson Brekke II 4 min read

On February 24, 2010, the Supreme Court ruled that if a criminal suspect requests to speak with his lawyer, the police must stop their questioning and cannot restart interrogating him until 14 days has passed. This new rule, outlined in Maryland v. Shatzer narrows the Court’s previous ruling on this issue. In the 1981 case of Edwards v.

Full Answer

Do suspects have a right to a lawyer during an interrogation?

Thus, although the police must wait for her lawyer to be present to persist with the signature request, they may continue questioning her for as long as she is willing to speak with them. Right to Counsel and a Break in a Suspect's Incarceration A suspect's assertion of the right to counsel ceases to apply if there is a break in incarceration.

Can the police continue questioning a suspect without a lawyer?

May 26, 2009 · 3 Min Read WASHINGTON (Reuters) - The U.S. Supreme Court ruled on Tuesday that police, under certain circumstances, can initiate an interrogation of a suspect without the defendant’s lawyer being...

What warning should suspects be given during police interrogations?

“Can police continue talking to suspect after he has requested a lawyer, as long as they're not asking questions?” Yes. As Matthew Bohrer noted, continuing non-relevent conversation is allowed, but there are hazards involved. In Brewer v. Williams, police officers were transporting Williams, a suspected murderer, between two cities.

Can I demand an attorney for a police interrogation?

A conviction can require you to reimburse the government for the cost of the attorney. Yes, you can demand an attorney. The questioning does not have to stop. If the police continue the interrogation (without your lawyer present), your statements and answers cannot be …

Who was the Louisiana inmate who was sentenced to death for the murder of a dry cleaning operator?

The decision was a defeat for Jesse Jay Montejo, a Louisiana death row inmate. He was convicted and sentenced to death for the murder of a dry-cleaning operator during a robbery in 2002. He initially waived his right to a lawyer and was questioned by the police. He told several conflicting stories.

Who rejected Montejo's appeal?

The Louisiana Supreme Court and then the U.S. Supreme Court rejected Montejo’s appeal. Writing for the court majority, Justice Antonin Scalia said there was little if any chance a defendant will be badgered into waiving the right to have counsel present during police-initiated questioning.

Can police interrogate suspects without their lawyer present?

Supreme Court rules police can initiate suspect's questioning. WASHINGTON (Reuters) - The U.S. Supreme Court ruled on Tuesday that police, under certain circumstances, can initiate an interrogation of a suspect without the defendant’s lawyer being present.

Did Montejo's lawyer violate his constitutional right to counsel?

But Montejo later claimed the police had violated his constitutional right to counsel by interrogating him without his lawyer being present and pressuring him to write a letter confessing and apologizing to the victim’s wife. That letter was later introduced as evidence against him at his trial.

How long can a police officer hold you without charge?

Continue Reading. There’s no set time. Police procedurals like Law and Order have popularized the idea the police can hold you for 24 hours without charge, but that’s not a blanket rule. When you are being interrogated as a suspect in a crime but not under arrest, you are subject to investigative detention.

What amendment gives you the right to an attorney?

Under the Sixth Amendment to the United States Constitution, you have a right to have an attorney present for any and all questioning. And, if you cannot afford an attorney, one must be appointed for you by the Public/Indigent Defender's Office.

What happens if you can't afford an attorney?

If you cannot afford an attorney, one will be appointed for you. If you wish to waive your right to an attorney and answer questions, you may stop answering at any time.”. You can request an attorney. If you do, at the point the interview is over and if you are in custody, you will be taken to jail.

What rights do you have in custody?

If you are in custody, remember your 5th Amendment rights. “You have the right to remain silent. Anything you say, can and will be used against you in a court of law. You have the right to have an attorney present during questioning.

Can police lie in interrogation?

Do NOT fail for it! Remember, the police are allowed to lie in interrogation to trick you. They can even manufacture evidence to trick you (even though such manufactured evidence is not admissible in court).

Can you demand an attorney for a conviction?

A conviction can require you to reimburse the government for the cost of the attorney. Yes, you can demand an attorney. The questioning does not have to stop. If the police continue the interrogation (without your lawyer present), your statements and answers cannot be used in court against you.

Can you refuse to answer questions?

You can always refuse to answer questions, and you can always demand the assistance of counsel. However, doing so doesn’t mean that you will be immediately released, or that the police will conjure up a lawyer for you immediately. If you ask for the assistance of counsel, questioning will stop.

What happens if a suspect makes an ambiguous or equivocal statement concerning the right to legal

If the suspect makes an ambiguous or equivocal statement concerning the right to legal counsel following an unequivocal waiver of the right to counsel, the officer does not need to stop and ask clarifying questions. Three days later, the detectives interviewed Medina again.

When was the second interrogation allowed?

96 (1975)), the Supreme Court allowed a second interrogation after the suspect had invoked the right to remain silent upon consideration of four factors: The interrogation immediately ceased when the defendant said he did not want to talk anymore.

What is explicit request for attorney?

An explicit request for an attorney requires all questioning to cease. If the suspect makes an ambiguous or equivocal statement concerning the right to legal counsel following an unequivocal waiver of the right to counsel, the officer does not need to stop and ask clarifying questions.

What did Medina argue about the murder?

Medina argued he merely began a routine conversation about something unrelated to the murder. The court acknowledged truly routine conversation about an unrelated topic would not signal a suspect’s desire to talk about the murder.