What is impact of MONTEJO AND SHATZER

First off -- I always thought the Lira case was great in theory but total nutty in reality. But as looked around I saw more and more cases where courts were opining that the 6th amendment was case specific but the 5th amendment was not.

Lira, an Illinois Court of Appeals case ruled that once a suspect asserts his 5th Amendment right to an attorney, no officer from any jurisdiction can approach him to ask any questions -- about ANY case. This is even if the officer has no idea that the suspect has asserted his right to an attorney. SHATZER, below, would impact this ruling -- but MONTEJO, below, would not.

MONTEJO is actually a 6th amendment case that says a suspect can waive his 6th amendment right to an attorney unless he has previously asserted that right at the initial appearance (or some other critical proceeding / formal proceeding).

SHATZER is a 5th amendment case that says that once a suspect has asserted his 5th amendment right to an attorney an officer may normally go back to see if he has changed his mind if the officer waits two weeks (14 days).

Note: If a suspect asserts his 5th Amendment right to remain silent an officer may normally return in an hour or so and see if he has changed his mind.

Best -

DA