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.”

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