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
No police-initiated reinterrogation after invocation of counsel without counsel present
Leading case
Minnick v. Mississippi, 498 U.S. 146 (1990)
How courts have described it
holding that "when counsel is requested, interrogation must cease, and officials may not reinitiate interrogation without counsel present"
United States v. Cowette, 88 F.4th 95 (1st Cir. 2023)
holding that after invocation of the right to counsel, police may not reinitiate interrogation without counsel present
Robert Van Hook v. Carl S. Anderson, Warden, 444 F.3d 830 (6th Cir. 2006)
holding that after counsel is requested, there can be no further police-initiated interrogation without counsel being present
holding that police cannot reinitiate interrogation even where defendant has consulted with counsel in the interim
United States v. Jeffrey Thomas Whaley, Cross-Appellee, 13 F.3d 963 (6th Cir. 1994)
holding that, since petitioner made specific request for counsel before interview, police-initiated interview was impermissible
United States v. William N. Logan, Jr. And Eddie Stanley, 949 F.2d 1370 (5th Cir. 1991)
holding that further questioning may not occur after an assertion of the Fifth Amendment right to counsel unless counsel is physically present
United States v. Melgar, 927 F. Supp. 939 (E.D. Va. 1996)
holding that the opportunity to consult with counsel between interrogations was insufficient, and that Edwards requires the presence of counsel at the second interrogation
Shatzer v. State, 954 A.2d 1118 (Md. 2008)
Related doctrines
- Cessation of interrogation upon invocation of Miranda rights
- Initiation of further communication under Edwards
- Invocation of the Miranda right to counsel
- 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.