Sunday, November 15, 2009

Assertion of right to an attorney - Reinitiation.

Q: I know that when a suspect asserts his right to an attorney, I must cut off conversation immediately. I also know that I cannot reinitiate the questioning unless the suspect first contacts me to reinitiate. My question is, if a suspect reinitiates, must I re-warn him?

A: I say that you should, just to avoid the defense attorney's trying to jump through that loop hole. You're always safest re-warning. If a suspect reiniates, the warnings are most unlikely to cause him to clam up, IMO.

Best -

DA