Page 188 - Critical Tasks in Law Enforcement 2020-2021 Sessioin

Task: Questioning Defendant Represented by Counsel

Montejo v. Louisiana, 556 U.S. 778 (2009).

In determining whether a Sixth Amendment waiver was knowing and

voluntary, there is no reason categorically to distinguish an
unrepresented defendant from a represented one. It is equally true

for each that the Miranda warnings adequately inform him of his
right to have counsel present during the questioning, and make him

‘aware of the consequences of a decision by him to waive his Sixth
Amendment rights.

Thus, there is no automatic violation of the Sixth Amendment when

law enforcement attempts to interrogate a suspect following

arraignment and appointment of counsel.

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