What is the test for indicating that a suspect wants an attorney?

California, United States of America


The following excerpt is from People v. Gomez, E056133 (Cal. App. 2013):

"sufficiently clearly that a reasonable police officer in the circumstances would understand the statement to be a request for an attorney." (Davis v. United States (1994) 512 U.S. 452, 459.) When a suspect makes an ambiguous or equivocal statement, or makes no statement after admonishment, it is often good police practice for the interviewing officers to clarify whether or not she wants an attorney. (Id. at p. 461.) The police are not required to end the interrogation. (Berghuis, supra, 560 U.S. 370 [130 S.Ct. at p. 2260].)

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