under what circumstances can the police request to speak to an attorney

If you’ve been detained or arrested, ask to talk to a lawyer right away. Just say, “I want to talk to a lawyer.” The police should stop questioning you as soon as you ask for a lawyer. You don’t have to say anything else. If the police keep asking questions, don’t say anything. Ask again to talk to a lawyer.

Full Answer

Can a police officer stop questioning a suspect without a lawyer?

You should request an attorney immediately if you are being questioned about a crime and you may be the target of the investigation. You should request an attorney if the answers may incriminate you. Perhaps just as importantly, you should request an attorney if you are not sure.

Can I talk to a different lawyer after calling the police?

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.

Who should not speak to the police?

For example, suspects who made the following statements were found not to have made a clear, unequivocal request for an attorney: 1) “Do you think I need an attorney here?”[6]; 2) “I’ll be honest with you, I’m scared to say anything without talking to a lawyer”[7]; 3) “Can I speak to my lawyer? I can’t even talk to [my] lawyer before I make any kinds of comments or anything?”[8]; …

Can a suspect request a lawyer after requesting counsel?

If duty counsel is not available, the officer can leave a message and duty counsel should call you back within 30 minutes. What the police can do. The police must stop questioning you until you have talked to a lawyer in private. The police must allow you to call the lawyer you want to speak to more than once if there is no answer on the first try.

When a suspect has been taken into custody and has requested an attorney all questioning must cease until?

The U.S. Supreme Court considered facts much like these in a case called Davis v. U.S. (512 U.S. 453 (1994).) The Court noted that if a suspect invokes the right to counsel at any time, the police must at once stop the questioning until a lawyer is present.

Under what circumstance might the Miranda rule be ignored legally?

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.

How does the criminal justice system provide for the right to an attorney?

A criminal defendant's right to an attorney is found in the Sixth Amendment to the U.S. Constitution, which requires the "assistance of counsel" for the accused "in all criminal prosecutions." This means that a defendant has a constitutional right to be represented by an attorney during trial.Feb 7, 2019

Under what circumstances must an officer give a person a Miranda warning?

It doesn't matter whether an interrogation occurs in a jail, at the scene of a crime, on a busy downtown street, or the middle of an open field: If a person is in custody (deprived of his or her freedom of action in any significant way), the police must read the Miranda rights if they want to ask questions and use the ...

Under what circumstances are police required to advise someone of their Miranda rights quizlet?

At what point are police required to inform a suspect of their Miranda Rights? After a person has been officially been taken into custody (detained by police). Before any interrogation takes place, police must inform them of their right to remain silent and to have an attorney present during questioning.

In what circumstances does the Miranda decision apply?

#3: Miranda Only Applies to In-Custody Interrogations Miranda only applies to questions police ask when a suspect is in custody. The court decided Miranda v. Arizona in favor of the defendant because of the deceptive and coercive techniques that police officers used when questioning suspects in 1966.Jun 1, 2021

What triggers the right to counsel?

When to Invoke the Right to Counsel The right begins before the trial itself because courts have acknowledged that early events are critical to the criminal proceeding as a whole. Individuals who are subjected to a custodial interrogation are also entitled to counsel.

What does the 5th Amendment Protect from?

The Fifth Amendment creates a number of rights relevant to both criminal and civil legal proceedings. In criminal cases, the Fifth Amendment guarantees the right to a grand jury, forbids “double jeopardy,” and protects against self-incrimination.

What is the 6th Amendment right to counsel?

The right to counsel refers to the right of a criminal defendant to have a lawyer assist in his defense, even if he cannot afford to pay for an attorney. The Sixth Amendment gives defendants the right to counsel in federal prosecutions.

What are the 5 Miranda rights?

What Are Your Miranda 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 an attorney.If you cannot afford an attorney, one will be appointed for you.Aug 12, 2020

Which of the following warnings is not required by Miranda?

Which of the following warnings is not required by Miranda? Suspect has a right to terminate interrogation at any time. Miranda does not apply: to persons subjected to traffic or Terry stops.

Are Miranda rights required?

Answer: Miranda rights are only required when the police are questioning you in the context of a criminal investigation and hope to or desire to use your statements as evidence against you. Otherwise, Miranda doesn't apply and they're not required to be read.

What did the Supreme Court say in Davis v. Police?

In Davis, the Supreme Court indicated that it did not want to place the police in an untenable position by requiring them to determine if a suspect had said something that could be reasonably interpreted as a request for counsel that would require the police to seek clarification from the suspect.

What is the right to counsel in Virginia?

Virginia appellate courts have decided several cases dealing with the question of whether a suspect clearly and unambiguously invoked his right to counsel. In most cases, the court has concluded that the defendant failed to clearly request counsel.

What did Davis say after the interrogation?

After the interrogation had gone on for well over an hour, Davis said, “Maybe I should talk to a lawyer.”. Even Davis’ attorneys conceded that this statement was not a clear, unambiguous request for an attorney.

What rights do police have in Arizona?

One of those rights is the right to consult with an attorney and have the attorney present during questioning.

What did the Virginia Supreme Court consider in the case of Redmond?

The state wanted the Virginia Supreme Court to consider this latter statement by Redmond ( indicating that he “knew how to clearly assert his right to counsel when he desired to do so”) in making its determination as to whether the earlier questions by Redmond were a clear request for counsel.

Why did the court use pre request circumstances in Ferguson?

In Ferguson, the court used pre-request circumstances to bolster the opposite conclusion.

What was Ferguson's request for a lawyer?

The state argued that Ferguson’s request for a lawyer was limited to a request for assistance in deciding whether to consent to the search. However, the court put the request in a larger context. It pointed out that “ [p]olice officers told [Ferguson] he was being interviewed in connection with a breaking and entering.

What is the Brydges service?

If you need to talk to a lawyer while you're in , the police must tell you about the Brydges duty counsel service. This is a service provided by Legal Aid Ontario. It gives free legal advice to anyone in Ontario who is detained or arrested. It is available 24 hours a day, 365 days a year. The service is available in English, French, and any other language through an interpreter.

What to do if police ask you questions?

You don't have to say anything else. If the police keep asking questions, don't say anything. Ask again to talk to a lawyer. If you do not speak or understand English, tell the police so that they can take steps to make sure that legal advice is given through an interpreter or a lawyer who speaks your language.

What are my rights if I'm arrested?

What are my rights if I’m detained or arrested? Next Steps. 1. Ask why you’re being detained or arrested 2. Do not resist being detained or arrested 3. Ask to talk to a lawyer 4. Remain silent 5. Let the police do their search. 3.

How long does it take to get back to duty counsel?

If duty counsel is not available, the officer can leave a message and duty counsel should call you back within 30 minutes.

Can police stop questioning you?

The police must stop questioning you until you have talked to a lawyer in private. The police must allow you to call the lawyer you want to speak to more than once if there is no answer on the first try.

Can you talk to a lawyer in private?

You must be allowed to talk to the lawyer in private. The exception is if you have been pulled over while driving for a. Highway Traffic Act. reason or for a roadside breath test. If you still do not understand your rights after talking to a lawyer you should clearly tell the police.

Can you call someone who is not a lawyer?

You are allowed to call someone who is not a lawyer if the purpose of the phone call is to get help to find a lawyer. The rights related to talking to a lawyer are called the right to counsel. Always talk to a lawyer before you talk to the police.

What did Scalia say about the 1986 decision?

In overruling the 1986 decision, Scalia said, “The considerable adverse effect of this rule upon society’s ability to solve crimes and bring criminals to justice far outweighs its capacity to prevent a genuinely coerced agreement to speak without counsel 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.

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.

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.

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.

What did Sergio Medina tell his fiancée?

Sergio Medina sent a text message to his fiancée telling her he had to “take someone out.”. When Medina didn’t return home, his fiancée called a mutual friend, who told her not to worry about Medina, but to “keep an eye on the news.”. The next morning, the victim was found dead on the side of a road; she had been stabbed several times.

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.

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.

Who is Ken Wallentine?

KEN WALLENTINE is the Chief of the West Jordan (Utah) Police Department and former Chief of Law Enforcement for the Utah Attorney General.

What is the Lybarger admonishment?

The Lybarger admonishment. Just like any employee, a cop has to follow orders from the boss – even during a California internal affairs investigation. If a commanding officer orders a cop to answer a question and the cop stays silent, the cop can be disciplined for insubordination.

What is the purpose of the deputies being reassigned?

The deputies are reassigned from street patrol to station duties and, a year later, the deputies are ordered to give compelled statements. They comply and are cleared of the charges. The deputies bring a lawsuit against the department for constitutional rights violations, but the court doesn’t see things their way.

What is the MCB investigation?

MCB investigates and the suspect is implicated in a sting operation. MCB detectives arrest the deputy, read him his Miranda rights and inform him of the criminal nature of the interrogation. The deputy waives his rights and makes an incriminating statement.

What is administrative investigation?

To avoid tainting a possible prosecution, any administrative investigation arising out of the alleged police misconduct is generally handled by a separate unit or postponed until after the criminal investigation is finished. 2. Investigation by other entities.

Who can represent an officer in an interrogation?

Whenever an interrogation focuses on matters likely to result in punitive action, the officer can be represented by a union representative or California internal affairs investigation defense lawyer.

Do peace officers have rights?

Peace officers don’t have a “watered-down version of constitutional rights.” 13 In addition to the Fifth Amendment constitutional right against self-incrimination, officers have a Fourth Amendment constitutional right against unreasonable search and seizure, and a Sixth Amendment constitutional right to counsel.

Can a cop be disciplined for standing silent?

Under the Garrity/Lefkowtiz rule, a cop can be disciplined for standing silent in the face of an order, but any subsequent compelled statement (and evidence derived from it) cannot be used against the cop in a criminal prosecution. 9. POBRA, as interpreted by the California Supreme Court, goes a step further.

What happens if you throw police off your property?

There may be unintended consequences associated with throwing police off your property as an officer can conjure up a reason to give you more attention than you want . Contact an attorney in CT if your actions inflame the situation and result in some charges against you... 0 found this answer helpful.

What to do if someone shows up again?

If they show up again ask them if they have a warrant. If they don't you can ask them to leave. Simple as that. If they say they will get a warrant tell them to knock on your door when they do, then ask them to leave.#N#More

What happens when you interview a child witness?

Interviewing a Child Witness. If a child has witnessed or been a victim of a crime, the police need to be careful about how they talk to and question the child. Interviewing or interrogation can be traumatic and might cause the child to shut down and stop sharing information. Questioning by an authority figure or any adult also can influence ...

What to do if you have questions about police interviewing your child?

If you have questions about allowing police to question your child about witnessing or being the victim of a crime, contact an attorney for advice about how to handle the situation. An attorney will know whether you must allow police to interview your child and what safeguards the police must use to avoid traumatizing your child.

What are safe houses for children?

Many communities have "safe houses" for interviewing children, or offices with children's furniture and toys, where the interviews are conducted only by professionals who are specially trained in techniques for interviewing children.

Why do parents refuse to allow their children to talk to police?

As a parent, you might be concerned that police questioning and being part of a police investigation or criminal case could have a traumatic effect on your child.

What does it mean when police need to interview a child?

If police need to question a child about suspected or alleged physical or sexual abuse, or if the child witnessed a very traumatic event , police normally refer the interview to professionals or an agency that has facilities and equipment for interviewing children.

What to do if you believe your child witnessed a crime?

If you believe your child witnessed or was the victim of a crime, it also is advisable to contact a children's mental health professional for advice on how to help your child, or for treatment for your child. Remember, though, that mental health professionals also have a duty to report.

What are the rights of a child victim?

Some states have special statutes that address the rights of child victims and witnesses. These laws may require, for instance, that the child be permitted to have a victim's advocate or other support person present at any interview with the prosecution or police.

What happens if a detective asks to meet you?

Martin Kane: If you are contacted by a detective who asks to meet with you, it is extremely likely that you are being investigated or, more likely, they fully intend to arrest you when you show up. In the unlikely event they are contacting you as a witness, the detective will tell you what it’s all about and why he wants to speak with you.

What happens when an attorney calls a detective?

When your attorney calls the detective and says he represents you, something magical happens by operation of law. Once you are represented by counsel, the detective is no longer allowed to question you. You don’t even have to refuse to speak-he can’t even ask you.

Is it fun to be held overnight?

It’s not fun to be held overnight before you even get to see the judge. Please be aware, no matter what some misguided attorney may tell you, that there is nothing I or any other attorney can say or do that will keep you from being arrested. The detective is not there to evaluate evidence and act as a judge.

Do they have enough evidence to make an arrest?

Sometimes, they don’t have enough evidence to make an arrest, but they hope you’ll make a statement that will solidify their case. In either situation, they certainly will encourage you to “give your side of the story.”.