Posted On: July 30, 2009
I WANT MY LAWYER! NOT GOOD ENOUGH FOR MIRANDA
The police, investigating a robbery, wind up at the defendant's residence. They know he's on parole. They arrest him for a parole violation. They do NOT advise him of Miranda; he says, "Well, I want a lawyer. Right now."
They bring him to the police station, advise him of Miranda, and he waives and confesses. The Court of Appeal holds that the defendant didn't effectively invoke his Miranda right to counsel because he wasn't about to be interrogated and you can't invoke Miranda anticipatorily.
People v. Buskirk; 2009 DJ DAR 10941; DJ, 7/27/09; C/A 4th
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