Section 6.36 Fourteen-Day Rule, or “Break-in-Custody” Rule
| Library | DWI 2014 |
In Maryland v. Schatzer,559 U.S. 98 (2010), the Supreme Court held that the police may resume attempts to question a suspect who has previously invoked his right to counsel if a break in custody lasting 14 days has occurred.
The defendant, who was incarcerated for an unrelated offense, was questioned by a police officer in conjunction with an investigation into allegations of sexual abuse. After being read his Miranda (Miranda v. Ariz., 384 U.S. 436 (1966)) warnings, the defendant unequivocally invoked his right to have an attorney present during questioning, and...
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