Bar Exam — MBE (Multistate Bar Exam)Criminal Law and ProcedureMedium
A defendant is arrested on suspicion of burglary. After being read his Miranda rights, he states, "I think I might need a lawyer." The interrogating officer then asks, "Are you sure? We can clear this up quickly if you just tell us what happened." The defendant then makes an incriminating statement. Is the defendant's statement admissible in court?
- ANo, because the defendant had clearly invoked his right to counsel, and all questioning should have stopped.
- BNo, because any ambiguous reference to an attorney by a suspect in custody requires interrogation to cease immediately.
- CYes, because the officer's question was merely a clarification and not an attempt to badger the defendant.
- DYes, because the defendant's request for a lawyer was equivocal, allowing the officer to clarify his intent.
Show answer & explanationAnswer & explanation
Correct answer: D. Yes, because the defendant's request for a lawyer was equivocal, allowing the officer to clarify his intent.
The Supreme Court in Davis v. United States held that an ambiguous or equivocal statement about needing counsel does not require police to cease questioning; rather, the police may continue to question or ask clarifying questions.
Why the other options are wrong
- A. This is incorrect. The statement "I think I might need a lawyer" is considered equivocal, not a clear invocation of the right to counsel, under current Supreme Court precedent.
- B. This is incorrect. While clarity is preferred, an ambiguous statement about counsel does not automatically halt interrogation; police are permitted to clarify.
- C. This is partially correct in that the officer can clarify, but the reason for admissibility hinges on the equivocal nature of the original statement, not just the officer's intent.
Miranda: Ambiguous Counsel Request
If a suspect's statement about wanting an attorney is ambiguous or equivocal, police are not required to stop questioning, but may continue or ask clarifying questions.
- Applies during custodial interrogation.
- Must be an unambiguous and unequivocal request to stop questioning.
- Ambiguous statements (e.g., 'Maybe I should get a lawyer') do not invoke the right.
Memory trick: Miranda's counsel is clear, not a maybe.