Does it Violate Miranda to Have an Informant Question Suspect After He’s Invoked the Right to Counsel?
Robert Phillips
Robert Phillips
  • Ref # CAC00166
  • October 14, 2024

Does it Violate Miranda to Have an Informant Question Suspect After He’s Invoked the Right to Counsel?

CASE LAW
  • Use of a jailhouse informant to question an in-custody suspect 
  • Legal effect of a prior invocation of one’s right to the assistance of counsel 
  • Miranda and an invocation to one’s right to the assistance of counsel 
  • Habeas corpus proceedings 
RULES

It is lawful to use a jailhouse police informant to question an in-custody suspect despite the suspect’s earlier invocation of his right to the assistance of counsel, at least in a habeas corpus review, as there is no contrary ruling by the U.S. Supreme Court.

FACTS

Marrisha Robinson and her infant daughter were sitting in their Mitsubishi in a Los Angeles strip mall parking lot on February 12, 2014, waiting while her fiancé, Adrian Dawson, was shopping in one of the stores. The defendant, Christopher Grimes, double-parked his Mercedes behind the Mitsubishi, apparently leaving it out of gear and without setting the emergency brake. The Mercedes rolled into the Mitsubishi’s rear bumper and did some minor damage. Grimes told Robinson not to worry; that he would “take care of it.” As he was talking to Robinson, Dawson came running out of the store, “sucker punch(ing)” Grimes in the face two or three times while yelling “My baby’s in the car!” Telling Dawson ....

Court Case Name
Grimes v. Phillips (9th Cir. June 26, 2024) 105 F.4th 1159
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