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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 85814
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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The police questioned me, even though they knew I had a lawyer

Resolved Question:

The police questioned me, even though they knew I had a lawyer and didn't notify the lawyer before questioning me. Unfortunately, I signed a Miranda waiver while I was under the influence of a drug. Regardless of the Miranda Waiver issues, can the police question me without notifying my lawyer when they knew I had one? Are there any cases in point on this? Thank you.
Submitted: 7 months ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 7 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

If the police questioned you knowing you had requested a lawyer, then any statements they obtained from you would be thrown out as inadmissible. A valid waiver of Miranda must be made absent any type of police misconduct. See: Colorado v. Connelly, 475 U.S. 412 (1986). In Kansas v. Ventris, 129 S.Ct. 1841 (2009) the US Supreme Court stated statements obtained by the police in violation of the Sixth Amendment right to counsel would be excluded from the prosecution's case-in-chief pursuant to Massiah v. U.S., 377 U.S. 201 (1964)).




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Customer: replied 7 months ago.

The problem is the fact that I signed a Miranda Waiver while I was under the influence (legally - I take a benzo medication), however, prior to the questioning, the Police knew that I had a lawyer and the lawyer requested notification prior to any questioning. Are there any cases in point where it makes a Miranda Waiver null and void if an attorney was already representing me and requested contact prior to any other questioning?

Expert:  Law Educator, Esq. replied 7 months ago.
Thank you for your response.

Unfortunately, what the US Supreme Court said in Vectis is that there had to be some police misconduct or they had to actually know that you were mentally incapacitated because of drugs in order to void the Miranda waiver. However, Massiah also said that once you invoke your 6th Amendment rights the police cannot speak to you. and that is why I provided you both of those cases.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 85814
Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
Law Educator, Esq. and 7 other Criminal Law Specialists are ready to help you

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