Replies

Sorry but I disagree, IMO once you invoke your right to attorney the suspect must initiate any further interviews.

...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?

I think it depends on what the cops actually did. If they tried to actually question him again, it's clearly over the line. If they merely made an inquiry as to whether he wanted to talk, without any other pressuring statements, it's borderline. I'm sure it was against department policy, in any event.

It was stupid by the police, because anything the defendant had said probably would have been thrown out anyway, probably without much fight by the DA.

On the other hand, a suspect can voluntarily waive his constitutional rights at any time, just as he can assert them at any time.

But the police cannot simply resume questioning once someone has requested that an attorney be present. No question about that.