Criminal Procedure: 5th Amendment Right to Counsel

5th Amendment Right to Counsel:
  • Once D asserts rights to terminate the interrogation and requests counsel, re-initiation of the interrogation by police, without counsel present, violates D's 5th Amendment right to counsel.
  • SCOTUS says: when someone after hearing Miranda warnings says, "I want a lawyer." When D asserts his need for help from an attorney with the process of custodial police interrogation, police may not re-initiate interrogation on any topic without D's attorney present.
  • The 5th Amendment right to counsel is not offense specific.
    • All other times that D gets a lawyer invokes the 6th Amendment right to counsel -- which is offense specific; the attorney would only have to be present at the interrogation if D were being questioned about the attorney's case.