When can a suspect be interrogated by police after invoking the right to counsel?

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A suspect can be interrogated by police after invoking the right to counsel if the suspect themselves initiates communication with law enforcement. This is based on the principle established by the U.S. Supreme Court, which acknowledges that a suspect who has requested an attorney can later voluntarily choose to communicate with the police, signaling their willingness to engage in questioning without the presence of counsel.

When suspects initiate contact or dialogue after invoking their right to counsel, they are asserting their autonomy and choice in the situation. This ensures that the interrogation is lawful, as it stems from the suspect's own desire to communicate rather than coercion or pressure from law enforcement.

The other circumstances mentioned, such as age, the absence of a lawyer, or the police officer’s shift, do not negate the fundamental requirement that a suspect must initiate contact for interrogation to proceed lawfully. These factors do not provide a legal basis for questioning someone who has already indicated the desire for counsel.

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