Does the Attorney General have any authority to argue that a request for counsel was ambiguous or equivocal?

California, United States of America


The following excerpt is from People v. Martinez, B220750 (Cal. App. 2012):

Moreover, the other cases on which the Attorney General relies to argue that appellant's request was ambiguous or equivocal are equally distinguishable. For example, in Davis v. United States, 512 U.S. at page 462, the court held that the statement, "'Maybe I should talk to a lawyer,'" was not an unambiguous or unequivocal request for counsel because it suggested only that the defendant might want a lawyer. In People v. Gonzalez (2005) 34 Cal.4th 1111, 1126, the court held that the defendant's request for counsel was ambiguous and equivocal because it was conditional -- he stated that he wanted a lawyer if he was going to be charged. Here, appellant's request was not

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