Wednesday, June 15, 2016

Request For Lawyer’s Contact Information From Girlfriend Considered Invocation of Counsel

Police in Georgia were found to violate a suspect’s right to counsel by continuing to question him after he requested that the police contact his girlfriend to get his lawyer’s information. 

State v. Philpot, 2016 BL 178848, Ga., No. S16A0334, 6/6/16.

    The Supreme Court of Georgia found that the suspect did invoke his right to counsel by asking the police that were questioning him to contact his girlfriend so she could get a hold of his lawyer. There was an initial issue of whether there was ambiguity in his invocation for counsel, but the Supreme Court was unwilling to find comments made by the suspect as ambiguous as he attempted to exercise his rights. The Georgia court reaffirms that a suspect can invoke his right to counsel by contacting a third party first to arrange for their lawyer to appear.

http://www.bloomberglaw.com/public/document/State_v_Philpot_No_S16A0334_2016_BL_178848_Ga_June_06_2016_Court_

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