Legal Question in Criminal Law in Florida

Re: asking for a lawyer

An officer only has to stop questioning if the defendant asks for an attorney outright. Since your brother merely asked a question he didnt have to get him a lawyer. His attorney will need to determine whether the cop was allowed to say "it doesn't matter" since it matters a lot.

Re: asking for a lawyer

Asking whether he should call an attorney is not the same as requesting one. My experience is that suspects often will ask for advice from the police, and then be upset when the police give them personal advice they don't like. That isn't fair. Miranda only applies if your brother requested an attorney, it does not apply if he asks the police if they think he needs one. The same issue often arises when an officer asks if he can search you. If you consent, it is hard to complain later that something was found on your person, but people often do.

Re: asking for a lawyer

If he did not specifically invoke his rights, the police do not necessarily have to cease questioning. This is a gray area, but his attorney, if he has one at this point, should at least make an effort to get the statement dismissed.

If you have any other questions, or you would like to discuss this further, please do not hesitate to contact me at your convenience.