When can a suspect invoke their right to counsel?

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A suspect can invoke their right to counsel at any time during custodial interrogation because this right is protected under the Fifth Amendment of the U.S. Constitution. This means that once a person is in custody and subject to interrogation, they can request an attorney whenever they feel the need for legal representation, regardless of the stage of the interrogation. This right is designed to ensure that individuals have access to legal advice and to protect them from self-incrimination.

The ability to invoke this right at any point provides crucial protection, as it allows individuals to halt questioning and seek assistance if they feel unsure, intimidated, or overwhelmed during the process. This right is independent of formal charges being filed, which is why options that suggest limited circumstances such as only at the start of the interrogation or only after being formally charged fall short of the current legal standards. The flexibility of being able to request counsel helps ensure fair treatment and adherence to due process throughout the police interrogation process.

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