Was there a waiver of right to counsel?

Question 1

opening statement

Answer 1

“the Court has placed more limitations on police when they have invoked their right to counsel”

Question 2

Edwards v. AZ

Answer 2

Rule: Where a suspect subject to custodial police interrogation invokes his right to remain silent or to have an attorney present, the interrogation must cease.

If suspect reinitiates questioning then interrogation can commence

a. As long as free & voluntary
b. √because are scrupulously honoring person’s wishes ☺

Question 3

Under Edwards, must police stop a custodial interrogation if a suspect makes an ambiguous reference to consulting an attorney?

Answer 3

US v. Davis
NO.
a suspect must clearly indicate that he wants to consult an attorney in such a way that a reasonable police officer in the situation would believe the suspect was invoking his right to counsel. Police may continue to interrogate a suspect who has voluntarily waived his rights until the suspect clearly invokes his right to counsel.

Question 4

maryland v. Shatzer

Answer 4

Police can reengage w/person who has invoked if:
a. Person reinitiaties
b. Counsel provided
c. If police wait 2 weeks as a Cleansing Period
√bc about effects of coercive environment
√seems custody is imp for cleansing period