What is the test for advising a defendant of his right to counsel during questioning?
California, United States of America
The following excerpt is from People v. Lopez, B232878 (Cal. App. 2012):
The trial court, relying on People v. Stewart (1968) 267 Cal.App.2d 366, 378 (Stewart)6 found that appellant was not advised of his right to counsel during questioning but only specifically advised of his right to counsel should he not be able to afford one. It denied use of the statement in the People's case-in-chief.
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