Legal Question in Criminal Law in Minnesota
if i talked willingly with police after i asked for a lawyer, is what i said admissible in court?
2 Answers from Attorneys
It depends on the context of the conversation and specifically how it was re-initiated. After an individual unequivocally asks for an attorney, an officer is legally prohibited from questioning the person about that specific reason for their detention. Any answers an individual gives after a request for an attorney will most likely be inadmissible.
However, if the individual on their own free will voluntarily offers information or voluntarily re-initiates the conversation with the officer, then any statements may be admissible. Essentially, if the officer didn't ask any additional questions after the request for an attorney, but the individual continues the conversation on their own, those statements may be used against the individual.
The answer depends on the cuircumstances. First, if you voluntee information and it is not in response to questions posed by law enforcement while in custody, it is not a custodial interrogation and therefore not a violation of your fifth Amendment rights against self incrimination. If the statements were made in response to a custidal interrogation after you invoked a right to counsel, there would be a very strong basis to suppress those statements as evidence.
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