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Task: After Suspect Invokes Right to Counsel
Maryland v. Shatzer, 130 S.Ct. 1213 (2010).
Fourteen Days after a break in Miranda-based custody, investigators
may re-initiate questioning of a subject who had previously invoked
his right to counsel for the same investigation.
Miranda-Based Custody: To determine whether a suspect was in
Miranda custody the court asks there is a formal arrest or restraint
on freedom of movement of the degree associated with a formal
arrest.
A sentenced prisoner’s return to general population constitutes a break
in Miranda Custody. A release from custody altogether would also
constitute such a break.
©2021 Jack Ryan Legal & Liability Risk Management Institute 185
