North Carolina BLET Arrest, Search, and Seizure 2025 – 400 Free Practice Questions to Pass the Exam

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What must happen once a suspect invokes their Miranda right to counsel?

Questioning may continue at a later time

All questioning must stop immediately

Once a suspect invokes their Miranda right to counsel, all questioning must cease immediately. This principle is grounded in the Fifth Amendment, which protects individuals from self-incrimination. When a suspect explicitly requests an attorney, they are effectively stating their desire to have legal representation during interrogation. The law requires that law enforcement respect this request to ensure that the suspect's rights are upheld. Continuing questioning after such an invocation can lead to any evidence obtained being inadmissible in court due to a violation of the rights guaranteed by Miranda v. Arizona.

Though there are circumstances where questioning could occur later, such as if the suspect initiates contact with law enforcement again, the immediate response to the invocation of the right is to stop all questioning. This clear directive aims to prevent coercion and protect the integrity of the legal process. Additionally, the requirement for a signed new waiver or notifying family members does not directly relate to the immediate action required once the right to an attorney is invoked.

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They must sign a new waiver

Their family must be notified

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