When questioning a minor suspect for the purposes of his right to counsel after the initial interrogation is over, can the minor continue to speak to the police officer?

California, United States of America


The following excerpt is from People v. R.M. (In re R.M.), G055329 (Cal. App. 2019):

When a suspect invokes his or her right to counsel, he or she is not subject to further questioning until counsel has been made available, "unless the accused himself initiates further communication, exchanges, or conversations with the police." (Edwards v. Arizona (1981) 451 U.S. 477, 485.) If questioning a suspect when he or she initiates communication after an earlier invocation of his or her rights is proper, it follows that a suspect's request to continue to speak with one of the interrogating officers at the conclusion of the initial interrogation does not require a further advisement or reminder of the rights the suspect waived minutes earlier. Consequently, if minor requested to continue to speak with Maetta as soon as the initial interrogation was over, no further advisement or reminder was needed.

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