For nearly 40 years appellate courts have disagreed about whether police must tell defendants they have a right to counsel during interrogation, as well as before questioning, as part of the Miranda warning. In the midst of this split, the 5th Circuit, which has required since 1968 that the defendant be "clearly informed" of a right to a lawyer during interrogation, has now decided it wants it both ways.
January 19, 2006 at 12:00 AM
1 minute read
The original version of this story was published on Law.Com
For nearly 40 years appellate courts have disagreed about whether police must tell defendants they have a right to counsel during interrogation, as well as before questioning, as part of the Miranda warning.
Four circuits require explicit advice to defendants that they are entitled to counsel during interrogation, while four other circuits do not.
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