1.16 - 2. Rogers Is Inapplicable To Noncustodial Questioning
Jurisdiction | New York |
2. Rogers Is Inapplicable to Noncustodial Questioning
Rogers applies only to custodial interrogation.46 A defendant is not denied his right to counsel when, represented on an unrelated, pending criminal case, he makes admissions regarding his commission of a burglary to an accomplice in a telephone conversation that is tape-recorded by police with the accomplice’s consent.47 Since he was not in custody, “defendant’s right to counsel had not attached under the New York State Constitution at the time of the telephone conversation.”48 The Court approvingly cited reasoning, which found:49
There is no sound basis for extending the Rogers rule to preclude noncustodial questioning about unrelated matters. Where the questioning is in a noncustodial setting, the State exerts no “overwhelming” “coercive influence.” . . . And where the questioning concerns matters unrelated to those on which he is represented by counsel, the State does not interfere with the defendant’s representation, nor does it breach the ethical rule proscribing direct communication, on the subject of the representation, with persons represented by counsel. 50
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- 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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