Experimental. Doctrines is a new Annlex feature, starting with four areas: Self-incrimination, Brady, Terry and Miranda. Each page collects what courts have said about a leading case, quoted from the opinions that cite it. Annlex Chat uses these collections to help find relevant cases; what a case holds still comes from its opinion. We'd like to hear what's useful, missing or wrong: Send feedback
Invocation of the Miranda right to counsel
Leading case
Edwards v. Arizona, 451 U.S. 477 (1981)
How courts have described it
holding that it was unconstitutional “to reinterrogate an accused in custody if he has clearly asserted his right to counsel”
United States v. Randall Cope and Terry Wayne Cope, 312 F.3d 757 (6th Cir. 2003)
holding that the interrogation must cease once the suspect invokes his Miranda right to counsel
United States v. Seifullah Muhammad, 120 F.3d 688 (7th Cir. 1997)
holding that if defendant invokes his right to counsel, then interrogation must cease and cannot be continued until defendant has the opportunity to speak with counsel
holding that once accused requests counsel, police-initiated interrogation must cease until counsel is made available
Greenawalt v. Ricketts, 943 F.2d 1020 (9th Cir. 1991)
holding that police must cease questioning of arrested person after person invokes right to counsel
holding that if the person being interrogated requests an attorney, all questioning must cease until an attorney is present
State v. Yoh, 910 A.2d 853 (Vt. 2006)
holding that once the right to counsel is invoked, custodial interrogation must cease until the suspect’s attorney is present
People v. Arroya, 988 P.2d 1124 (Colo. 1999)
holding that a request for a lawyer requires the police to cease questioning until the accused consults with his or her lawyer unless the defendant initiates further conversation
State v. Kemp, 912 P.2d 1281 (Ariz. 1996)
Related doctrines
- Cessation of interrogation upon invocation of Miranda rights
- Initiation of further communication under Edwards
- No police-initiated reinterrogation after invocation of counsel without counsel present
- Unambiguous invocation of counsel required to halt custodial questioning
About this page
The quotations above are from court opinions that cite the leading case, in each court's own words. The heading is a short label Annlex generated from those quotations. It has not been reviewed by a lawyer and is not legal advice.