Also known as: 5th Amendment right to counsel · Fifth Amendment counsel right · Miranda right to counsel · Fifth Amendment interrogation right
Written by attorneys · grounded in primary & secondary sources — see below
A Fifth Amendment protection that permits a suspect in custody to request the assistance of counsel during interrogation. Once invoked through a clear statement, the protection bars police from reinitiating custodial questioning about any offense until counsel is present or the suspect reinitiates communication and validly waives the right.
Fumiko Fujimoto was arrested on drug charges and invoked her right to counsel after Miranda warnings. The next day a different detective approached her in custody and questioned her about an unrelated counterfeiting scheme after fresh warnings. Her statements about the scheme are inadmissible because the detective reinitiated the interrogation without counsel present.
Fabian Flynn was arrested for mortgage fraud and told officers after warnings that maybe he should talk to a lawyer. Detectives continued questioning and obtained statements. The statements are admissible because Flynn's remark was not a sufficiently clear invocation that a reasonable officer would understand as a request for counsel.
Select any source to read its text and confirm it supports the definition.
Fatou Fall was detained on smuggling charges and stated she wanted a lawyer after receiving Miranda warnings. Agents stopped questioning but returned the next day without counsel and resumed interrogation about a second voyage. Her later statements must be suppressed because the agents reinitiated custodial questioning after the invocation.
Fatima Flores was arrested at a brokerage and invoked her right to counsel. She briefly met with an attorney that evening. The next day a detective summoned her for questioning without counsel present. Her statements are inadmissible because the prior consultation did not permit police reinitiation of interrogation.
Faye Fuller was handcuffed during a workplace raid and clearly requested counsel after Miranda warnings. Officers initially stopped but later approached her again in custody to discuss the investigation. Any resulting statements are inadmissible because the officers reinitiated questioning after the invocation.
Frank Fisher was arrested and requested counsel at his initial appearance on one charge. Detectives later sought to question him about a different matter without counsel. The request at arraignment does not invoke the Fifth Amendment protection that would bar the new custodial interrogation.
Yes. Once a suspect in custody clearly invokes the right, police may not reinitiate custodial interrogation about any offense, even a completely unrelated crime, unless the suspect initiates or counsel is present.
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A suspect must articulate the desire for counsel sufficiently clearly that a reasonable officer would understand it as such. Ambiguous statements do not require police to stop questioning.
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No. Once invoked, the right requires counsel's presence at subsequent interrogation unless the suspect reinitiates and waives. A private consultation alone does not permit police reinitiation.
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No. Fresh warnings do not override a clear prior request for counsel. Police still may not reinitiate custodial interrogation until counsel is present or the suspect reinitiates and waives.
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…is, instead of confining itself to protection of the right against compelled self-incrimination the Court has created a limited Fifth Amendment right to counsel—or, as the Court expresses it, a "need for counsel to protect the Fifth Amendment privilege . . . ." Ante , at 470. The focus then is not on the will of the accused but on the will of…