Page 186 - Original 2020 Legal Guide By Jack Ryan

Task: Reinitiating Dialogue by Suspect

Oregon v. Bradshaw, 462 U.S. 1039 (1983).

Police may question a suspect who has previously invoked his right

to counsel in cases where the suspect has reinitiated the

conversation with officers. Police must prove that, in addition to re-

initiation by the suspect, there was also a valid and knowing waiver

of rights prior to the second interrogation.

Note: Conversation by the suspect relating to the routine incidents of

the custodial relationship such as requests for food or use of a

telephone, are insufficient to establish that the suspect has initiated

a conversation to overcome the previous invocation of the right to

counsel.

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