LAW 605 Lecture Notes - Lecture 49: Miranda Warning
Document Summary
If suspect invoked right to silence: police can question d about a different crime, as long as they follow mosley. It"s usually helpful under mosley if it is about a different crime but have to re- Mirandize before trying to seek waiver about the diff crime. Case #1: p gave warnings, d waives rights. D: sounds like i might need a lawyer. When will by lawyer be here: not a valid invocation. Need a plain statement of desire to invoke rights. If sounds like a question, prob not a valid invocation: word it as i want not sounds like or maybe i should . D: sounds like i need to talk to my lawyer. Unless you are willing to waive your rights, that is. Have to make arguments: unclear maybe not. Even if it was, p would argue that d re-initiated contact. Case #4: lawyer calls p: you just arrested my client. He does not want to talk w/o counsel.