1.19 - 5. The Davis Rule

JurisdictionNew York

5. The Davis Rule

The right to counsel “is personal and may, as a general principle, be waived by the client without notice to or consultation with counsel.”60

If the right to counsel is invoked in a noncustodial setting the right may be waived later without the presence of, intervening presence of or consultation of a lawyer. In a noncustodial interview . . . a witness or suspect is not constrained by police influence and does not suffer the disadvantages of being directly confronted with the awesome law enforcement machinery possessed by the state. Coercive power is absent and police influence limited because the witness can simply refuse to respond to questions or walk
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