Drury Law Enforcement Academy Test 1 Practice

Question: 1 / 400

If a suspect in a burglary case decides to exercise his right to counsel, can you re-contact him about a different crime if he has not yet appeared before the court?

Yes, he can be questioned about any crime

No, you cannot re-contact him

The correct answer is that once a suspect in a burglary case has invoked his right to counsel, he cannot be re-contacted about a different crime until he has appeared before the court. This protection stems from the Sixth Amendment of the U.S. Constitution, which guarantees the right to legal counsel.

When a suspect requests an attorney, it establishes a critical stage in the legal process, ensuring that the suspect is not deprived of the ability to defend themselves effectively. The idea is to protect the suspect's rights by preventing law enforcement from engaging in further interrogation without the presence of an attorney, which could lead to potential violations of due process.

In this scenario, the suspect's right to counsel extends past the immediate offense they sought legal representation for. Thus, regardless of whether the different crime is related, law enforcement must respect that right until the accused has been arraigned or appeared before a judge. This ensures that all conversations are conducted in a legally appropriate manner and upholds the integrity of the judicial process.

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Only if he was released on bail

Only with permission from a judge

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