May 18, 2013

Colorado Supreme Court: Miranda Rights Violated by Continued Questioning after Unambiguous Request for Counsel

on June 18, 2012.

Custodial Interrogation—Unambiguous Request for Attorney—Cease All Questioning—Miranda Rights.

The Supreme Court affirmed the trial court’s order suppressing defendant’s statements. Defendant’s question to his interrogator—“When can I talk to a lawyer?”—was an unambiguous request for counsel. Following that question, the interrogator should have ceased all questioning. By continuing to question defendant, the interrogator violated defendant’s Miranda rights.

Summary and full case available here.

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2013-05-18 11:05:53