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I am a lawyer, and a former prosecutor and former defense attorney (I do civil law now). And invocation of your right to counsel is supposed to terminate all qu
by mark212 10y ago
I am a lawyer, and a former prosecutor and former defense attorney (I do civil law now). And invocation of your right to counsel is supposed to terminate all questioning. Very clear that it cannot be presented as evidence if the matter goes to trial.
- aidenn0 10y agoMy understanding is that in Salinas v. Texas the issue was that the defendant did not explicitly invoke this right, but was quiet; though apparently, at least one of the Justices was of the opinion that the 5th amendment rights do not apply when the person being questioned is not being detained.