NCJ Number
150785
Journal
Crime to Court, Police Officer's Handbook Dated: (September 1994) Pages: complete issue
Date Published
1994
Length
21 pages
Annotation
This booklet presents legal commentary on the U.S. Supreme Court's decision in Davis v. United States (1994), which pertains to the clarity of a suspect's request for counsel in the course of questioning; procedural guidance is also provided for the police response to a barricaded suspect.
Abstract
In Davis v. United States, the Court reaffirmed its holding in Edwards v. Arizona, that is, that law enforcement officers must immediately cease questioning a suspect who has clearly asserted his right to have counsel present during custodial interrogation. In "Davis" the Court ruled that any request for counsel by a suspect in the course of police questioning must be sufficiently clear that a reasonable police officer in the circumstances would understand the statement to be a request for an attorney. Until such a clear request for counsel is made, police may legally continue the questioning. In the latter section of this booklet guidelines are provided for the first officer who responds to a call that involves a barricaded suspect. A posttest on procedures that govern Miranda warnings is provided.