police ability to question defendant who retained a lawyer

by Rigoberto Russel Published 2 years ago Updated 1 year ago 10 min read

The police are not allowed to question you after you have asked for a lawyer. However, if you agreed to talk to them after they read you your Miranda rights and you did so voluntarily (without pressure, duress, coercion, etc), then the questioning is legal and the answers you gave can be used against you.

Full Answer

Can the police question me after I ask for a lawyer?

Mar 09, 2012 · The police are not allowed to question you after you have asked for a lawyer. However, if you agreed to talk to them after they read you your Miranda rights and you did so voluntarily (without pressure, duress, coercion, etc), then the questioning is legal and the answers you gave can be used against you.

Is a discussion with an attorney about pleading guilty constitutionally improper?

Jul 19, 2017 · A standard Miranda warning is: "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 an attorney. If you cannot afford an attorney, one will be appointed for you. If you decide to answer questions, you have the right to stop at any time."

Do you have the right to refuse to answer police questions?

Feb 12, 2019 · To use the information the police gather in interrogations at trial, the police must give full warnings. A typical Miranda warning consists of the following: "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 an attorney. If you cannot afford an attorney, one will be ...

Is it legal to question a defendant without a lawyer?

Jan 15, 2019 · The Miranda warnings originated in a U.S. Supreme Court ruling, Miranda v. Arizona, 384 U.S. 436, which set forth the following warning and accompanying rights: You have the right to remain silent; Anything you say can be used against you in a court of law; You have the right to consult with a lawyer and have that lawyer present during the ...

What is the Edwards rule regarding 5th Amendment assertion of the right to counsel?

that he has the right to remain silent, that anything he says can be used against him in a court of law, that he has the right to the presence of an attorney, and that if he cannot afford an attorney one will be appointed for him prior to any questioning if he so desires. Id.

What is an exception to the Miranda requirement?

A police officer is not obligated to give the Miranda warnings in these situations: When questioning is necessary for public safety. When asking standard booking questions. When the police have a jailhouse informant talking to the person.

What does a custodial interrogation mean under the 5th Amendment and when does it apply to suspects?

By custodial interrogation, we mean questioning initiated by law enforcement officers after a person has been taken into custody or otherwise deprived of his freedom of action in any significant way.

What two things are required to prove that the totality of circumstances for an involuntary confession?

Whether a confession is involuntary must be determined by considering the totality of the circumstances – the characteristics of the defendant and the environment and technique of interrogation.

What questions can a police officer ask that are not protected by Miranda?

Questions about your name, date of birth, and address are allowed without Miranda warnings. However, once a police officer begins asking questions that may implicate involvement in a crime, an interrogation has begun. A Miranda warning then must come before any statement you make could be suppressed.Feb 18, 2022

What are the 5 Miranda rights?

Know Your Rights: What Are Miranda Rights?

Who Is Ernesto Miranda? ...
You Have the Right to Remain Silent. ...
Anything You Say can Be Used Against You in a Court of Law. ...
You Have the Right to Have an Attorney Present. ...
If You Cannot Afford an Attorney, One Will Be Appointed to You. ...
Arrest Without the Reading of Miranda Rights.

More items...

What is the difference between a police interview and interrogation?

Although the purpose of both interviews and interrogations is obtaining information, the interview is an informal procedure whereas the interrogation is formally questioning a person with information about a suspected crime.

Can you plead the fifth in an interrogation?

Yes, you can claim your fifth amendment right in response to police questioning during a traffic stop.

How does the court define interrogation?

The Court stated, "the term 'interrogation' under Miranda refers not only to express questioning, but also to any words or actions on the part of police (other than those normally attendant to arrest and custody) that the police should know are reasonably likely to elicit an incriminating response from the suspect." Id ...

What makes a confession inadmissible?

THE PROSECUTION MUST SHOW THAT THE CONFESSION WAS NOT EXTRACTED BY ANY SORT OF THREAT OR VIOLENCE OR OBTAINED BY ANY PROMISE OR EXERTION OF IMPROPER INFLUENCE. ANY STATEMENT OF A CONFESSIONAL NATURE RECORDED BY A POLICE OFFICER IS INADMISSIBLE IN EVIDENCE, EVEN IF THE STATEMENT HAS BEEN MADE VOLUNTARILY.

What makes a confession involuntary?

An admission, especially by an individual who has been accused of a crime, that is not freely offered but rather is precipitated by a threat, fear, torture, or a promise. The criminal justice system relies on confessions by defendants to help prove guilt at trial or to induce a guilty plea.

What is coercive questioning?

Under the Fifth Amendment, suspects cannot be forced to incriminate themselves. And the Fourteenth Amendment prohibits coercive questioning by police officers. So, confessions to crimes that are coerced, or involuntary, aren't admissible against defendants in criminal cases, even though they may be true.

Charles Kevin Stoddard

Can they continue to question you? Yes. Officers are often encouraged to continue asking questions as the answers can lead to evidence indirectly that can be used against you. Can they use your answers against you? Probably not. As posted above, the demand for a lawyer must generally be clear and unequivocal.

David Jon Pullman

It depends on what the context of you asking for a lawyer was. Simply asking for a lawyer does at some stage of a police contact does not prevent them from Mirandizing you and then asking for a Miranda waiver.

Vincent Ronald Ross

Your attorney should move to suppress the statements. While I do not know if that will be successful, it is certainly something that should be done pre-trial or in limine.

Tai Christopher Bogan

Can the questions you answered be used against you? Maybe. It depends on the circumstances of your case. If you asked for a lawyer then certainly that is a factor pointing toward suppression. Miranda rulings are constantly in flux. Years ago if you asked for a lawyer it was game over for the cops.

Elliot Rahmim Zarabi

No police cannot and no, those statements cannot be used against you. However, a lot of the time, the police will state in their report, they you waived your Miranda rights. You would have to prove that you didn't and then you could suppress any statements made in violation of Miranda...

Debra Sarah White

The police are not allowed to question you after you have asked for a lawyer.#N#However, if you agreed to talk to them after they read you your Miranda rights and you did so voluntarily (without pressure, duress, coercion, etc), then the questioning is legal and the answers you gave can be used against you.

Can police use physical force?

For instance, they cannot use physical force, threats or inhumane treatment during an interrogation. They cannot torture you or drug you to get you to answer questions. They cannot use psychological coercion to get you to answer questions. Police must obey boundaries - boundaries which an experienced defense attorney will know.

Why is silence important in police?

This right to silence protects you from saying anything which could hurt your case. For police, it preserves the admissibility of any statements which are made by a suspect in custody when the time comes for criminal proceedings.

Which amendment protects against self-incrimination?

The Fifth Amendment protects you against self-incrimination, or stating things which could expose you to a criminal charge or criminal prosecution. Other than your name, you need not give police any other information thanks to this protection.

What is the 5th amendment?

Fifth Amendment protections only apply to communication, and not to collecting physical bodily evidence. Thus, without your permission police can collect blood samples to detect drugs or other things in your body. Police also can collect hair or other DNA samples to link you to other DNA evidence.

What is the right to silence in Arizona?

Can police lie to you?

In fact, police can lie to you to get you to admit guilt. One trick by police at a traffic stop is to ask, "Do you know why I stopped you?". And here's the trick: If you answer "No," the officer may write on a ticket "Driver wasn't aware of running a red light.".

What is a Miranda warning?

In effect, a Miranda warning is a legal process for making sure that a suspect knows about his or her Fifth Amendment right to avoid self-incrimination. Actually, police are not required to inform suspects of this Fifth Amendment right by issuing a so-called Miranda warning.

What to do if you are being interrogated by the police?

Talk to a Lawyer. If you've been interrogated by the police, you know what a scary and often-times intimidating situation that can be. It's important that the police follow the law and remained within the boundaries of your constitutional rights during their interrogations.

Can a prosecutor bring charges against a suspect if the police failed to give Miranda warnings?

No. A prosecutor can still bring charges against suspects even if the police failed to give Miranda warnings before conducting police interrogations. While prosecutors cannot use evidence gathered during police interrogations at trial if the defendant was not Mirandized, the prosecutor can use other evidence to secure a conviction.

What is the purpose of an arrest warrant?

The arrest warrant must establish that a crime was committed, that the person named on the warrant committed the crime, and the warrant must comply with the rules of the court.

Do police need to give Miranda warnings?

The police do not need to give the Miranda warnings before making an arrest. To use self-incriminating evidence against a person at trial, however, the police must give Miranda warnings or an equivalent warning before questioning a person. In 1966, the U.S. Supreme Court ruled in Miranda v.

What is custody in law?

Custody refers to the deprivation of a person's freedom of action in a significant way. To use the information the police gather in interrogations at trial, the police must give full warnings. A typical Miranda warning consists of the following: "You have the right to remain silent.

What is the meaning of "custody" in Arizona?

Custody refers to the deprivation of a person's freedom of action in a significant way. To use the information the police gather in interrogations at trial, the police must give full warnings.

Do police read you your rights?

Through pop culture, TV and movies, most Americans know that in some cases the police are obligated to "read you your rights.". Most of us can recall at least the beginning of a typical Miranda warning as easily as recalling the pledge of allegiance. What most Americans don't know, however, is exactly what their Miranda rights are ...

What happens if police fail to make you aware of your Miranda rights?

If the police fail to make you aware of your Miranda rights, nothing said in response to police questioning during a custodial interrogation can be used against you in court. In addition, any evidence that is derived from that improper custodial interrogation is also inadmissible.

What are the requirements for Miranda warning?

There are two very basic prerequisites before the police are require to issue a Miranda warning to a suspect: 1 The suspect must be in police custody; and 2 The suspect must be under interrogation.

When did the Supreme Court change Miranda rights?

In 2010, the U.S. Supreme Court issued a series of decisions that modified the rules surrounding Miranda rights. These decisions have significantly affected the circumstances under which Miranda protections apply, so it's a good idea to reexamine the rules for Miranda warnings.

What happens if you can't afford a lawyer?

If you cannot afford a lawyer, one will be appointed to represent you; You can invoke your right to be silent before or during an interrogation, and if you do so, the interrogation must stop. You can invoke your right to have an attorney present, and until your attorney is present, the interrogation must stop.

What is police custody?

"Police custody" is generally defined as anytime the police deprive you of your freedom of action in a significant way. Realistically though, it refers to an arrest. Some jurisdictions treat detentions differently than arrests, though, and a Miranda warning isn't required in such a situation.

What happens if you don't have a Miranda warning?

Failing to Provide a Miranda Warning. If the police fail to make you aware of your Miranda rights, nothing said in response to police questioning during a custodial interrogation can be used against you in court. In addition, any evidence that is derived from that improper custodial interrogation is also inadmissible.

Does Miranda protect against police interrogation?

Although neither Miranda nor the Sixth Amendment right to counsel prohibits police interrogation of a willing suspect merely because his attorney has informed police his or her client is not to be questioned, some jurisdictions may have statutory rules restricting such contacts. Officers should consult local prosecutors or legal advisers to determine the existence and application of any such statutes.

Can you talk to someone without an attorney?

The Constitution does not forbid you to talk to a person just because that person has an attorney, or just because the attorney tells you not to do it. Instead, the law focuses on whether the suspect is willing to talk without his or her attorney present.

Who beat a woman to death?

Burbine. In Providence, Rhode Island, Brian K. Burbine beat a woman to death with a metal pipe. Providence officers had no suspect until Burbine was arrested in nearby Cranston for a breaking and entering, and an informant gave police a tip that Burbine had committed the Providence murder.

Why was the Miranda waiver invalid?

At the Supreme Court, Burbine first repeated his arguments that his Miranda waiver was invalid because he had not been told of the attorney's phone call, and because she had not been told of his pending interrogation about the murder.

Who is Devallis Rutledge?

Devallis Rutledge is a former police officer and veteran prosecutor who currently serves as Special Counsel to the Los Angeles County District Attorney. He is the author of 12 books, including "Investigative Constitutional Law.".

Do you have to be silent when being questioned by police?

As discussed above, U.S. citizens have a constitutional right to remain silent when they are being questioned by law enforcement officers. This includes even if a person is under arrest. In fact, it is generally recommended that the person has a lawyer present while responding to police inquiries after an arrest.

What rights do arrestees have?

An arrestee has the right to remain silent; If they choose to say something, then that statement can be used against them in court; They have a right to have a lawyer and that right extends to having a lawyer present during questioning; and. If they cannot afford a lawyer, the state will appoint one for them.

Which amendment protects you from being a witness against yourself?

According to the Fifth Amendment to the U.S. Constitution, “no person shall be compelled to be a witness against himself in any criminal case.”. In other words, the Fifth Amendment protects U.S. citizens from self-incrimination. As such, it gives you the right to refuse to answer questions that a police officer asks you.

Which amendment protects you from self-incrimination?

In other words, the Fifth Amendment protects U.S. citizens from self-incrimination. As such, it gives you the right to refuse to answer questions that a police officer asks you. However, there are two exceptions to this rule. Although you do not need to answer any further questions asked in either scenario, in some states you will have ...

Can you be arrested for refusing to answer a question?

Apart from these two exceptions, you also normally cannot be arrested or punished for refusing to answer their questions. Therefore, if you find yourself in a situation where you are being questioned by law enforcement, such as while in detainment or after an arrest, then you should contact a lawyer immediately before agreeing to respond.

When is a Miranda warning required?

It is important to note that Miranda warnings are only required when a person is in custody or is being interrogated. The term custody, however, does not necessarily mean that the person is under arrest, but rather that the person is in a situation where they believe that they are not free to leave.

What are the Miranda warnings?

Similar to what is presented in popular entertainment, Miranda warnings generally include some version of the following statements: 1 An arrestee has the right to remain silent; 2 If they choose to say something, then that statement can be used against them in court; 3 They have a right to have a lawyer and that right extends to having a lawyer present during questioning; and 4 If they cannot afford a lawyer, the state will appoint one for them.