How have courts interpreted the Miranda right of a criminal suspect to ask for a lawyer to be present at questioning?

California, United States of America


The following excerpt is from People v. Edelbacher, 254 Cal.Rptr. 586, 47 Cal.3d 983, 766 P.2d 1 (Cal. 1989):

In People v. Cockrell (1965) 63 Cal.2d 659, 670, 47 Cal.Rptr. 788, 408 P.2d 116, Justice Burke, for our unanimous court, declared that "even though it does not appear that [appellant] made any statement indicating that he was invoking his privilege against self-incrimination, he had a

Page 624

Finally, this defendant properly and in a timely manner invoked a legal right to remain silent. It is clear that after Miranda warnings (Miranda v. [47 Cal.3d 1043] Arizona (1966) 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694) have been given, a suspect's right to remain silent must be protected against any adverse imputation. (Doyle v. Ohio (1976) 426 U.S. 610, 617, 96 S.Ct. 2240, 2244, 49 L.Ed.2d 91.) The question that arises here is whether defendant effectively invoked Miranda rights by demanding a lawyer to be present, even though the warnings had not been given. It seems clear to me that he did. Therefore any cross-examination and comment on his silence at that time and thereafter was clearly improper.

I need cite no additional authority to confirm the right of a criminal suspect to have counsel present at interrogation. United States v. Williams (D.C.Cir.1977) 556 F.2d 65, 67, held that "testimony about the desire or request for a lawyer is impermissible."

Other Questions


How has the court interpreted the Miranda rights of a minor who, as a minor, waived his Miranda right to be arrested? (California, United States of America)
How have the courts interpreted the Miranda Miranda Miranda rights in this context? (California, United States of America)
How have courts interpreted the Miranda rights of a suspect who waives their right to counsel? (California, United States of America)
For the purposes of section 1202.4, subdivision (f) of the California Criminal Code, how have courts interpreted the meaning of the term "criminal conduct" in the context of a criminal conviction? (California, United States of America)
If a suspect waives his Miranda right to remain silent or counsel during an interview, can the police force continue to question the suspect? (California, United States of America)
How have courts interpreted section 1016.5 of the California Immigration Code and how have the courts interpreted the word 'court' in that section? (California, United States of America)
Does a suspect who has received and understood the Miranda warning, and has not invoked his Miranda rights, waives his right to remain silent by making an uncoerced statement to the police? (California, United States of America)
For the purposes of section 1202.4, subdivision (f) of the California Criminal Code, how have courts interpreted the meaning of the term "criminal conduct" in the context of a criminal conviction? (California, United States of America)
How have courts interpreted the Miranda rights in the context of criminal cases? (California, United States of America)
How have courts interpreted the Miranda rights of a defendant's Miranda waiver? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.