- Joined
- May 31, 2024
Sounds like a stupid cop. Sua sponte confessions are admissible. They don't have to answer questions, but it's a right to remain silent and the silence must be exercised. If they are handcuffed or not free to leave, the presumption is it's coerced if they already said they wanted a lawyer. Cops just have to stop asking questions. They can also ask non-incriminating questions like name and date of birth.I was watching an interrogation the other day where the person under arrest said they wanted a lawyer and then tried to keep talking. The cop explained over and over that because he'd invoked his right to a lawyer they could no longer continue talking to him and he still wouldn't shut up. He was pissed off when the cops left the room because he wanted to keep spinning his lies.
Almost every cop car records suspects in the backseat because regardless of whether they invoke Miranda during questioning, if they talk spontaneously, it's admissible.