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Hastings Constitutional Law Quarterly

Article Title

Reinterrogation

Authors

Marcy Strauss

Abstract

There is no clear delineation under Miranda and Edwards of when the police may reinterrogate a suspect after ordinarily invoking the right to counsel. Logically, the prohibition cannot be indefinite. This would violate the public policy of enabling law enforcement personnel to control crime. The goals of Miranda, Edwards, and related cases establish several factors to be weighed in determining when the prohibition against reinterrogation should end. These include the length of time since the right to counsel was invoked, whether the new crime is related to the one for which the right to counsel was invoked, whether the suspect was released from custody in good faith, and whether the offense for which the suspect invoked his right to counsel has been resolved. This Article suggests that only when there is a break in custody and sufficient time has passed should the police be allowed to reinterrogate.

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