Ep #375 Reinterrogating suspect about a different crime after invocation for counsel
Roadside Chat: Reinterrogating suspect about a different crime after invocation for counsel
In this video, Anthony Bandiero talks about the legal rule regarding a suspect's invocation to counsel.
Cases mentioned:
📌 In Edwards v. Arizona (1981) 451 U.S. 477, 101 S.Ct. 1880, 68 L.Ed.2d 378 (Edwards ), the high court held that once counsel is requested the suspect “is not subject to further interrogation by the authorities until counsel has been made available to him, unless the accused himself **346 initiates further communication, exchanges, or conversations with the police.” (Id. at pp. 484-485, 101 S.Ct. 1880.) Under Edwards, “[i]f further conversations are initiated by the police when there has not been a break in custody, the defendant's statements are presumed involuntary and inadmissible as substantive evidence at trial. This is true even when the defendant again waives his Miranda rights and his statements are voluntary under traditional standards.” (People v. Thomas (2012) 54 Cal.4th 908, 926, 144 Cal.Rptr.3d 366, 281 P.3d 361.)
- The Edwards rule “is not offense specific.”
📌People v. Bridgeford, 241 Cal. App. 4th 887, 902, 194 Cal. Rptr. 3d 336, 347 (2015)
The Supreme Court noted law enforcement needed to know with certainty when a renewed interrogation is lawful after a suspect invokes his right to counsel. Shatzer held that a period of 14 days must pass, which “provides plenty of time for the suspect to get reacclimated to his normal life, to consult with friends and counsel, and to shake off any residual coercive effects of his prior custody.”
If you like this video, don’t forget to like and subscribe to our channel for more legal updates!
—
Roadside Chat by Blue to Gold aims to answer your legal questions and teach law enforcement officers best practices and clarifies legal issues officers face every day.
🚨 Have a search and seizure question in mind? Send it here and have it answered by Anthony: https://www.bluetogold.com/show
Blue to Gold Training:
➜ Class Schedules - https://www.bluetogold.com/calendar
➜ On-demand Training - https://university.bluetogold.com/
➜ Free Legal Training Webinar - https://www.bluetogold.com/calendar?c...
➜ Book Store and Training Materials - https://www.bluetogold.com/store
CONNECT WITH US:
🌍 Facebook - https://www.facebook.com/bluetogold
📸 Instagram - https://www.instagram.com/bluetogold
🐦 Twitter - https://twitter.com/bluetogold
🎥 TikTok - https://www.tiktok.com/bluetogoldtrai...
💌 LinkedIn - https://www.linkedin.com/company/blue...
#LawEnforcementTraining #PoliceTraining #LegalEducation #Invocationtocounsel #californialaw #interview #interrogation
-
10:23
America Uncovered
20 hours agoThe IRS Has Gone On The Attack. And The Poor Still Suffer
18.2K14 -
30:43
TheTapeLibrary
14 hours ago $0.52 earnedThe TRUE Haunting of The Enfield Poltergeist (FULL PARANORMAL HORROR DOCUMENTARY)
28.3K28 -
4:45
Gamazda
1 day ago $3.36 earnedDragonForce - Through the Fire and Flames (Piano)
44.7K77 -
24:56
MYLUNCHBREAK CHANNEL PAGE
19 hours agoFinding Old World Pyramids?
37.7K52 -
16:20
Guns & Gadgets 2nd Amendment News
19 hours agoClarence Thomas DESTROYS Opinion Of Today's Anti-2A Ruling!.mp4
45.2K32 -
26:42
Degenerate Plays
17 hours ago $2.51 earnedHeavenly Bodies And Beautiful Assets - Stellar Blade : Part 1
43.9K5 -
7:03
Chris Jericho
1 day agoTalk Is Jericho Highlight: Alien Encounters With Mitch Horowitz
26.5K3 -
3:01:45
SNEAKO
14 hours agoSUMMER IS HERE… SPECIAL GUEST
103K61 -
1:07:00
Russell Brand
2 days ago“Something BIG is about to happen” - EXCLUSIVE Alex Jones Interview on INFOWARS shut down - 391
477K2.55K -
2:06:37
Steven Crowder
3 days agoREBUTTAL: Jon Stewart is WRONG about Gun Violence
549K925