How have the courts interpreted the appellant's right to counsel in his search and seizure case?

California, United States of America


The following excerpt is from People v. Stiggins, F060163 (Cal. App. 2011):

As to appellant's statements about looking to grow marijuana in the mountains, the trial court properly held that appellant reinitiated his discussion with officers despite twice previously invoking his right to counsel. " '[A]n accused ... having expressed his desire to deal with the police only through counsel, is not subject to further interrogation by authorities until counsel has been made available to him, unless the accused himself initiates further communication, exchanges, or conversations with police.' [Citation.] An accused 'initiates' such dialogue when he speaks words or engages in conduct that can be 'fairly said to represent a desire' on his part 'to open up a more generalized discussion relating directly or indirectly to the investigation.' [Citation.] In the event he does in fact 'initiate' dialogue, the police may commence interrogation if he or she validly waives his rights. [Citations.]" (People v. Mickey, supra, 54 Cal.3d at pp. 648-649.)

Other Questions


How have courts interpreted the "right to assistance of counsel and the correlative right to dispense with the lawyer's help"? (California, United States of America)
What is the appellate court's duty of determining reasonableness in a search and seizure case? (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)
How have the courts treated appellant's claim that the court deprived him of his constitutional right to due process by ordering him into placement without an adequate case plan? (California, United States of America)
When a factual determination is challenged by an appellate court on the grounds that there is no substantial evidence to sustain it, can the appellate court substitute its deductions for those of the trial court? (California, United States of America)
How have courts interpreted the exclusionary rule in the context of search and seizure cases? (California, United States of America)
Does section 7895 of the California Family Code require an appellate court to appoint counsel for a parent unable to afford counsel for their child who is a dependent child of the juvenile court? (California, United States of America)
When a factual determination is challenged by an appellate court on the grounds that there is no substantial evidence to sustain it, can the appellate court substitute its deductions for those of the trial court? (California, United States of America)
How have the courts interpreted search and seizure principles in this case? (California, United States of America)
Can an appellate court amend an order made by the Superior Court of Justice in a case not before the court? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.