If a suspect is released from custody, officers may re-approach; if later placed back in custody within 14 days after invoking right to counsel, what happens to the invocation?

If a suspect is released from custody, officers may re-approach; if later placed back in custody within 14 days after invoking right to counsel, what happens to the invocation?

• A. The invocation remains valid and officers cannot re-approach.
• B. The invocation becomes invalid upon re-custody.
• C. Officers may re-interrogate with permission from a judge.
• D. The invocation is automatically waived.

Answer: (A)

The scenario tests how a break in custody affects a suspect’s invocation of the right to counsel. When a suspect invokes this right during custodial interrogation, questioning must stop. Maryland v. Shatzer adds that a break in custody of 14 days or more ends that protection; if the break is shorter than 14 days and the suspect is re-arrested, the invocation remains in effect and officers cannot re-interrogate without counsel present or the suspect initiating contact. Since the suspect is released and then placed back in custody within 14 days, the invocation stays valid and officers cannot re-approach.

The scenario tests how a break in custody affects a suspect’s invocation of the right to counsel. When a suspect invokes this right during custodial interrogation, questioning must stop. Maryland v. Shatzer adds that a break in custody of 14 days or more ends that protection; if the break is shorter than 14 days and the suspect is re-arrested, the invocation remains in effect and officers cannot re-interrogate without counsel present or the suspect initiating contact. Since the suspect is released and then placed back in custody within 14 days, the invocation stays valid and officers cannot re-approach.