Does a police officer have a right to counsel during questioning?

California, United States of America


The following excerpt is from People v. Membreno, B284026 (Cal. App. 2018):

Similarly, in People v. Valdivia, police advised the suspect he had the right to "speak with an attorney and to have him present before any question," but did not state he had the right to counsel during interrogation. (People v. Valdivia, supra, 180 Cal.App.3d at p. 661.) Valdivia reasoned, "While the warning given to Valdivia deviated somewhat from the accepted form, we are unpersuaded that the words were facially ambiguous or would have caused most people to believe counsel would only be

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