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Criminal Procedure • Miranda
CRIMPRO#029
Legal Definition
To invoke the right to counsel, a person must be unambiguous. All questions must cease until counsel is provided, or until the accused reinitiates questioning. If there is a break in custody (e.g., released back into general prison population), the police can again ask the defendant to waive his rights after 14 days.
Plain English Explanation
If you want to invoke your right to counsel, you must do two things: First, you have to make it known that you are invoking your right to counsel. In other words, the best way to make sure police stop questioning you and get you your attorney is to say something explicit like, "I am invoking my right to counsel." The second thing you must do is actually shut up and wait for your attorney. If you demand your attorney, but then start to re-engage with police and talk to them, there's a chance they will re-Mirandize you and, at that point, anything you say can be used against you again even without your attorney present (until you reinvoke your right to counsel). The last thing to note is that police can ask the defendant to waive their right to counsel if 14 days have passed since the detainee last invoked their right to counsel.
Hypothetical
Hypo 1: Bob was being interrogated by police in relation to a recent burglary. Bob tells police, "I am invoking my right to counsel." Police immediately stop their interrogation. Bob then asked one of the officers, "So what happens to me now?" The officer informed Bob that he did not have to talk to the officers. Bob said, "Yeah, I know, but I really want to know what happens to me now." The officer read Bob his Miranda rights again, then told Bob, "There's a good chance you'll be going away for a while if you don't work with us." Bob, scared of the consequences, decided to confess to the crime hoping for leniency. Result: Bob's confession can be used as evidence against him in trial because Bob chose to re-engage talks with officers without an attorney present, which effectively acts as a waiver, allowing police to re-Mirandize Bob. Once Bob was made aware of his rights again, yet still choose to confess, he has no ability to later prevent that confession from being admitted in court.
Related Concepts
How may one properly invoke the right to silence?
In assessing a Miranda related 5th Amendment issue, what constitutes an interrogation?
In assessing a Miranda related 5th Amendment issue, what constitutes a waiver?
In assessing a Miranda related 5th Amendment issue, what constitutes custody?
What is the admissibility of illegally obtained confessions?
What is the Miranda requirement of the 5th Amendment?
What is the public safety exception to the Miranda requirement?
What part of the interrogation process does Miranda apply to?
