Fifth Amendment Right to Counsel

Question 1

How must D invoke right to counsel?

Answer 1

Must be clear and unequivocal?

Question 2

How must D waive right to counsel?

Answer 2

knowingly, intelligently, voluntarily

Question 3

What happens to 5th Amend right to counsel after adversarial proceedings have begun?

Answer 3

if D invokes 5th Amend right, police cannot reinitiate w/o waiver EVEN AFTER adversarial proceedings have begun. Thus, could also be invoking 6th Amend right to counsel before 6th Amend right actually attaches

Question 4

Edwards invocation

Answer 4

once D asserts right, police cannot continue interrogating:
A. UNLESS D initiates further communication
1. general conversation that a routine incidents of the custodial relationship is not enough
2. asking about status of case, charges, etc is
B. OR there has been a 2 week lapse in time
C. OR attorney present

Question 5

Does an exception to the Miranda Rule apply?

Answer 5

1. No interplay between custody and interrogation
2. public safety exception
3. under-cover agent exception

Question 6

Examples of no interplay between custody and interrogation

Answer 6

1. asking about an unrelated, uncharged offense NOT for the purpose of eliciting incriminating statements
2. investigatory stage
3. on the scene questioning
4. routine booking question