Precisely. There's nothing that prevents the defendant from deciding to talk to the police without an attorney present if he so chooses. Inquiring isn't an error by the police. Only if the defendent wants an attorney present and the police continue questioning in spite of that has any error been committed.
There's not even a statement here to supress, so the whole thing is a bunch of defense hype. Too bad the press swallowed it.
...He should have invoked it when they questioned him when he returned from his trip as well as refused access to his house and car without warrant...we shall see...Rumor I heard was the "child porn" was from something called "barely legal"...sounds legal to me...if not why would he keep it knowing he was probably going to be searched?