Does a suspect not in custody have a right to a lawyer when they are not in police custody?
"New York", United States of America
The following excerpt is from People v. West, 599 N.Y.S.2d 484, 615 N.E.2d 968, 81 N.Y.2d 370 (N.Y. 1993):
1 To be distinguished is a situation, as in People v. Davis, 75 N.Y.2d 517, 554 N.Y.S.2d 460, 553 N.E.2d 1008, where a suspect not in custody requests a lawyer but then does not obtain one. There, the right does not attach both because coercive power is absent and because there is no lawyer-client relationship to impair.
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