SC rules request for lawyer not evergreen

Washington Post:

A suspect's request that a lawyer be present before submitting to police questioning does not last forever, the Supreme Court ruled Wednesday. In fact, 14 days is long enough for police to wait before taking the alleged perpetrator into custody again and attempting another interrogation.

The court ruled unanimously that Maryland could use an imprisoned child molester's statement -- given voluntarily 2 1/2 years after police first approached him -- to convict him on additional charges that he had abused his son. Justice Antonin Scalia wrote that an initial request for an attorney does not mean that police can never reinitiate questioning, provided that the person has been released from custody in the meantime.

When a suspect "has returned to his normal life for some time before the later attempted interrogation, there is little reason to think that his change of heart regarding interrogation without counsel has been coerced," Scalia wrote.

But how much time needs to have passed between attempts? The court decided on the admittedly arbitrary limit of 14 days. "That provides plenty of time for the suspect to get reacclimated to his normal life, to consult with friends and counsel, and to shake off any residual coercive effects of his prior custody," Scalia wrote.

...

Justice Clarence Thomas objected to the 14-day period, saying the majority provided no justification for why that was a better fit for the Fifth Amendment's Self-Incrimination Clause than "zero, 10 or 100 days." Justice John Paul Stevens did not agree to it because he said it was too short, especially if police have made no effort in the meantime to find the suspect a lawyer.

But all justices agreed that the 2 1/2 years in the case at hand was sufficient.

...


I have never really like the exclusionary rule when it is used to let an obviously guilty person go free. It makes more sense to discipline abusive police officials who coerce confessions. In this case there is no evidence of abuse. It appears the court is inching toward a more rational application of the Miranda Warning.

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