Tuesday, January 19, 2016

Query About Lawyer Not Invocation

If the suspect is not clear if they actually want a lawyer brought, and they sound indecisive, a reasonable officer would not necessarily interpret this as a request for an attorney.
 
People v. Kutlak, 2016 BL 6048, Colo., No. 13SC499, 1/11/16

    The Colorado Supreme Court ruled that a man who told the police that he had a lawyer on retainer, and later added an ambiguous statement about getting the lawyer was not making a request for an attorney. The video of the interview shows that the suspect's voice was "indecisive" and that he "shrugged" while making the statement.

    The court ruled that the man was not clear whether he definitely wanted a lawyer's assistance or was merely contemplating the issues of getting the lawyer to come to his aid. The court determined that this would not lead a reasonable officer to interpret this as a request for an attorney.

http://www.bloomberglaw.com/public/desktop/document/Petitioner_The_People_of_the_State_of_Colorado_v_Respondent_Leven?1453220327

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