AugustWest
Verified Attorney
- Joined
- Jun 5, 2020
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Snipped from Suppress 2nd:I have to wonder if he had the opportunity to invoke his Miranda rights if he wasn't even informed of them.
3. Rick was read his Miranda rights and signed an advisement of rights
form, which is normal protocol for law enforcement before an
interrogation begins.
This was his first pre-custodial interrogation, so that should be when the right attaches. Any time after that point that he invokes would be the end of questioning without counsel. Once that happens, he must speak with an attorney to be questioned. IMO