does a police officer have to stop questioning a suspect when the suspect requests a lawyer
Can a suspect stop talking if a police officer asks a lawyer?
Not really. There are court rulings stating that a suspect has the right to stop talking, but there isn't much in the way of actual recourse against the police other than the exclusionary rule. This rule requires that any information obtained from questioning the suspect after they have requested a lawyer not be admitted as evidence.
What are a criminal suspect's constitutional rights?
The Supreme Court's decision in highlighted the importance of a criminal suspect's constitutional rights. Law enforcement officers must read these rights to a criminal suspect before questioning a suspect in custody. Anything you say can be used against you in a court of law.
Does Edwards require officers to stop questioning a suspect?
if a reference is ambiguous or equivocal in that a reasonable officer in light of the circumstances would have understood only that the suspect might be invoking the right to counsel, Edwards does not require that officers stop questioning the suspect.
Can a police officer ask a suspect a question?
Under the Fifth Amendment, suspects cannot be forced to incriminate themselves. And the Fourteenth Amendment prohibits coercive questioning by police officers. Sometimes police can continue to ask questions after a suspect has invoked the Miranda rights.
Miranda Rights Explained
The Miranda warnings originated in a 1966 Supreme Court case, Miranda v. Arizona. The Supreme Court's decision in Mirandahighlighted the importance of a criminal suspect's constitutional rights. Law enforcement officers must read these rights to a criminal suspect before questioning a suspect in custody. The case set forth the following, known as M
Variations on Traditional Miranda Warnings
The last two points from above are often omitted in pop culture references. Many states have their own variations of Miranda requirements. Thus, the language may differ slightly from one police department or jurisdictionto another. The most common addition to these core Miranda rights is to end the traditional warning with a question like: "Do you
Miranda Warnings Do Not Always Apply
There are two essential prerequisites before the police are required to issue a Miranda warning to a suspect: 1. The suspect must be in police custody. 2. The suspect must be under interrogation. It is crucial to understand these prerequisites of custodial interrogation. If you are not formally in police custody, and police have yet to begin interr
Police Custody
"Police custody" is generally defined as any time the police significantly deprive you of your freedom of action. Realistically, though, it refers to an arrest. Some jurisdictions treat detentions differently from arrests. A Miranda warning is not required in such a situation. Generally speaking, police must arrest you before they are required to a
Police Interrogation
Finally, it's worth noting that the Miranda warnings must come before police begin interrogating you. Thus, until the interrogation starts, you are not necessarily owed a Miranda warning. A request for identificationis generally not considered an interrogation. The police have not placed you into custody simply by asking about your identity. In mos
Failure to Provide A Miranda Warning
What happens if the police fail to apprise you of your Fifth Amendment right to remain silent? In that case, nothing said in response to police questioning during a custodial interrogation can be used against you in court. Any evidence that law enforcement also derives from improper custodial interrogation is inadmissible. For instance, suppose the
Physical and Psychological Intimidation
Any admissionsyou make after police Mirandize you are generally admissible in court. However, police officers cannot intimidate you to get you to make a statement. Law enforcement has used tactics like sleep deprivation to obtain suspect admissions. Law enforcement's use of these tactics can render these statements involuntary. Involuntary statemen
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An Ambiguous Request For Counsel Before And Not After A
rule would be diminished if police were required to cease questioning if a suspect makes a statement that might be a request for an attorney). 66. Winter 2009 |
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Fifth Amendment--Responding to Abiguous Requests for Counsel
forcement officers did not violate the suspect's Fifth Amendment priv- ing that all interrogation cease"' 9 and has recognized the "undisputed. |
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Understanding Davis v. United States
Mar 1 2007 More specifically |
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Fifth Amendment. Responding to Ambiguous Requests for Counsel
forcement officers did not violate the suspect's Fifth Amendment priv- ing that all interrogation cease"'9 and has recognized the "undisputed. |
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Ambiguous Invocations
request for the lawyer must be for that interview. All officers know that when a suspect clearly asserts his right to counsel all questioning must stop. |
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Are You Sure You Need an Attorney?: Invocation of the Fifth
to a reasonable police officer that is the intent of the suspect and clarifying request counsel prior to the interrogation does not waive this right.30. |
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Cops and Robbers: Selective Literalism in American Criminal Law
have no choice. Normally when a police officer stops a car for a after the suspect has freely "consented" to their "request.". |
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Rights Warning Procedure/Waiver Certificate
request was not recent ask him/her the following question.) "Do you want a lawyer at this time?" (If the suspect/accused says "yes |
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IN THE SUPREME COURT OF IOWA
Aug 24 2007 What does a suspect in custody need to do to invoke his right to an ... by continuing the interrogation after he requested an attorney. |
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JOPLIN POLICE DEPARTMENT 6-04 STANDARD OPERATING
(Under his police powers a police officer has the authority to stop questioning determines that the subject is a suspect he must be advised of his ... |
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A Temporal Element to the Miranda Warning - CORE
to questioning, a police officer reads the suspect the standard Miranda warnings off of a have an attorney present during interrogation, all statements made will questioning must stop immediately and cannot resume until the suspect In Minnick, the Court held that once a suspect requests counsel, law enforcement |
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KNOW YOUR RIGHTS: What To Do If Youre Stopped By The Police
Law enforcement officers play an important role in our criminal justice system We rely on If you are not under arrest, you have a right to calmly leave • If you The police may stop and question you because you are a witness, not a suspect This is They can ask about your name, address and age, or request your I D |
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INTERROGATIONS AND CONFESSIONS - Sage Publications
Law enforcement officers question everyone who may have had a motive to kill the Suspects often will not admit their guilt unless subjected to lengthy interrogations by the police Mincey's requests for a lawyer were disregarded, and the There is no requirement that the police stop an individual who enters a police |
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NEW ORLEANS POLICE DEPARTMENT OPERATIONS MANUAL
Officers shall advise suspects of their Miranda Rights at the time of arrest or prior to (e) The interrogation must have been conducted by law enforcement or agents of Miranda does not apply to roadside questioning of a stopped motorist or a INTERROGATION AFTER THE SUSPECT HAS REQUESTED A LAWYER OR |
