The Idaho Court of Appeals says a suspect in a criminal case must state without equivocation whether or not they are invoking their right to an attorney.
A ruling was handed down Tuesday in the case of Samuel Davis, a Missouri man convicted of robbing a check-cashing business in north Idaho.
According to the decision, Davis had traveled to Spokane for a child custody hearing and was headed back home when he realized he didn’t have enough money to complete the trip. Prosecutors said that’s when he robbed the Post Falls business. Police arrested Davis when he returned to his hometown, and Idaho investigators traveled there to interrogate him. They advised him of his right to an attorney. But later during the interrogation Davis said – quote – “I think I need to talk to a lawyer before I say anything else.”
The three-judge appellate panel said that statement – particularly the “I think” portion – wasn’t enough to compel police to stop the interrogation because it wasn’t definitive.
Citing earlier case law, Idaho Court of Appeals Chief Judge David Gratton wrote that because Davis did not unequivocally invoke his right to counsel, the officer was not required to stop questioning. The judges found that when Davis later confessed to the robbery during the same interrogation, his confession was voluntary and able to be used in court. (AP)
