Can a police officer continue to question a suspect after the suspect has invoked his right to counsel?

California, United States of America


The following excerpt is from People v. Aguilar, B267955 (Cal. App. 2018):

" 'After a suspect has invoked the right to counsel, police officers may nonetheless resume their interrogation if "the suspect '(a) initiated further discussions with the police, and (b) knowingly and intelligently waived the right he had invoked.' " [Citations.] The waiver must be " 'knowing and intelligent . . . under the totality of the circumstances, including the necessary fact that the accused, not the police, reopened the dialogue with the authorities.' " [Citation.]' " (People v. Enraca (2012) 53 Cal.4th 735, 752; People v. Jackson (2016) 1 Cal.5th 269, 339.)

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