1.12 - B. Request By Suspect For Counsel
Jurisdiction | New York |
B. Request by Suspect for Counsel
A request for counsel must be unequivocal. It is a mixed question of law and fact.27 Divination may be difficult.28 When a suspect, in custody or not in custody, in any manner,29 informs law enforcement that he wants a lawyer, all questioning must stop. If the suspect, in the presence of police, asks a third party to obtain counsel for him, the same rule applies.30 Where a minor has not requested an attorney, but the police have effectively cut off the minor’s access to persons who might seek representation for him, a subsequent statement will be suppressed.31 If, after requesting representation, a suspect in custody changes his or her mind and announces he or she will answer questions without an attorney present, the original request for counsel must still be honored, since once a suspect initially invokes his or her right to counsel no valid waiver of that right can take place except in the actual presence of counsel.32 Thus, in New York, a person in custody is adequate to the task of deciding when to tell police he has or wants a lawyer for purposes of invoking his or her state right to counsel, but not vice versa. A person who is not in custody—while still not in custody—may change his or her mind and waive the presence of counsel.33
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Notes:
[27] . People v. Edwards, 14 N.Y.3d 733, 899 N.Y.S.2d 65 (2010).
[28] . People v. Pacquette, 17 N.Y.3d 87, 926 N.Y.S.2d 856 (2011).
[29] . Smith v. Illinois, 469 U.S. 91, 93 (1984) (“[Y]eah. I’d like to do that” after being told, “You have the right to consult with a...
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Request your trial- Books and Journals
- 1.0 - I. Identification Proceedings
- 1.1 - A. Photographs
- 1.2 - B. Showups And Accidental Confrontations
- 1.3 - C. Lineups
- 1.4 - 1. Investigatory Lineups
- 1.5 - 2. Lineups After The Filing Of Charges
- 1.6 - 3. Lineups Conducted Pursuant To Court Order
- 1.7 - 4. Waiver Of Counsel By Suspect
- 1.9 - D. Other Identification Proceedings
- 1.10 - II. Questioning By Law Enforcement Agents
- 1.11 - A. After The Initiation Of Formal Proceedings
- 1.12 - B. Request By Suspect For Counsel
- 1.13 - C. Entry By Counsel In The Case
- 1.14 - D. Suspect Is Represented On An Unrelated Case
- 1.15 - 1. The Rogers Rule
- 1.16 - 2. Rogers Is Inapplicable To Noncustodial Questioning
- 1.17 - 3. The Bing Decision Overrules The Bartolomeo Decision (Overruled In 1990)
- 1.18 - 4. The Bing Decision
- 1.19 - 5. The Davis Rule
- 1.20 - 6. The Edwards Rule
- 1.21 - 7. The Right To Counsel At Trial
- 1.22 - 8. Appellate Preservation Of Right To Counsel (State)
- 1.23 - 9. No Right To Counsel While Committing Crime
- 1.24 - 10. Assigned Counsel For The Indigent
- 1.25 - 11. Disqualification Of Counsel
- 1.26 - 12. No Right To Counsel Paid With Stolen Money Or Property
- 1.27 - 13. Non-Communicative Acts, Real Evidence
- 1.28 - 14. Representation In A Civil Action
- 1.29 - 15. The Protest Strategy
- 1.30 - 16. Prisons And Miranda Warnings
- 1.31 - 17. Pre-Arrest Silence
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