Reinitiating Questioning After a Miranda Counsel Assertion (Part II)

"FROM THE CLASSROOM"
By Ray Hill, Professor Emeritus, Santa Rosa Junior College

“Its ‘402’ time, officer.   Who Wins, You or Defense counsel”
Note: 402(b) E.C. – A pre-trial court hearing to determine the admissibility of an admission or confession.

Reinitiating Questioning After a Miranda Counsel Assertion

This is the second in a series of mini-articles covering basic Miranda and Confession Law. This review is equally applicable to detectives and those generalists who are assigned to investigate their own cases. So consider the following question:

A suspect is arrested for a residential burglary. He is given a Miranda admonition and states: “I want a lawyer before talking”. No questioning takes place.  The following day, another detective from a neighboring agency, who is investigating a separate robbery case, contacts the suspect in jail. The detective explains that he wants to question the suspect concerning an unrelated case. A Miranda admonition is given and the suspect waives his rights.

Any statement should be

ADMISSIBLE                       INADMISSIBLE        

This statement would be inadmissible. In our first mini-article we discussed a Miranda assertion of silence and learned that after some procedural steps questioning is permitted on a separate offense. In it’s infinite wisdom, the United States Supreme Court has decided the same rule does not apply ....

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