Page 185 - Original 2020 Legal Guide By Jack Ryan

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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