Can the police continue questioning a suspect without a lawyer?

Thus, although the police must wait for her lawyer to be present to persist with the signature request, they may continue questioning her for as long as she is willing to speak with them. A suspect’s assertion of the right to counsel ceases to apply if there is a break in incarceration.

Does refusing to answer police questions create reasonable suspicion?

Keep in mind that refusing to answer an officers questions does not create reasonable suspicion. But acting nervous and answering questions inconsistently can create reasonable suspicion. Also, you have the 4th Amendment right to refuse search requests, and your refusal does not create reasonable suspicion.

When do the police have to stop questioning a detainees?

To learn about this tactic—and its legality—see Mid-Interrogation Miranda Warnings .) Generally, the police must immediately stop probing if the detainee invokes either the right to remain silent or the right to counsel. If the suspect invokes the latter, questioning must cease until counsel is available.

What happens to a suspect’s right to counsel during a break?

A suspect’s assertion of the right to counsel ceases to apply if there is a break in incarceration. The assertion of the right doesn’t carry over to the next detention.

When do you have to go to the police for questioning?

Being asked to accompany police to the station. You must go with police only if you are formally arrested for an offence or formally detained for questioning about an indictable offence. You must also go with police for a blood or breath test in relation to a drink or drug driving offence.

Can the police question a suspect without a Miranda warning?

Whenever that invocation occurs, the police must stop investigative questioning. But any statements preceding assertion of Miranda rights are likely to be admissible. (Sometimes police officers will question a suspect once without the Miranda warning, then interrogate again with it.

Can the police reactivate questioning after a detainee invokes the right to remain silent?

But if the detainee invokes only the right to remain silent, the police may reinitiate questioning at a later time, provided that they honor the right to remain silent. What it means to “honor” the right to remain silent after a suspect invokes it isn’t always entirely clear.

https://www.youtube.com/watch?v=5Vs_xAYMbgc

When should you consider yourself a suspect in a criminal investigation?

If the police are questioning you about where you were or your actions in association with a criminal investigation, you should consider yourself a suspect.

What happens if the police stop questioning you?

Unfortunately, it does not mean that you are not a suspect if the police stop questioning you. They could be exploring other evidence and leads in their investigation or obtaining a warrant for your arrest. Are you a suspect in a criminal investigation?

Can a suspect invoke the right to counsel at any time?

The Court noted that if a suspect invokes the right to counsel at any time, the police must at once stop the questioning until a lawyer is present. (A suspect can also invoke the right to remain silent—see Is post-arrest silence enough to stop police questioning?)

Can the police lie to you to get you to talk?

The police can and do lie to suspects to get them to talk. Do not fall for this. Insist on speaking to a lawyer and having a lawyer present before you answer any questions. Do not let the lies of the police pressure you into making an incriminating statement.

Do I need a lawyer to talk to police?

With a lawyer by your side, though, the ball is in your court—you decide what information you want to give police, what information you want to hold back, and whether you want to talk to police at all. As any experienced attorney will tell you, even if you’re innocent of any wrongdoing, talking to police is often ill advised.

What does it mean when the police are investigating you?

Police investigate someone because they have a suspicion the person may be guilty of a crime, or know about a crime someone else has committed. If you are being investigated by the police you have reason to be concerned about why they are questioning you. Don’t be fooled.