North Carolina Basic Law Enforcement Training (BLET) State Practice Exam

If a suspect invokes their rights to counsel but later wants to talk, what should the officer do?

1. Begin the interrogation immediately

2. Repeat the Miranda rights and obtain a waiver before resuming

3. Ignore the request

4. Provide a phone for them to call their attorney

The correct answer is: Repeat the Miranda rights and obtain a waiver before resuming

When a suspect invokes their right to counsel, it is imperative that law enforcement officers adhere to the legal standards established by the Miranda ruling, which protects a suspect's Fifth Amendment rights. If the suspect later expresses a desire to talk to law enforcement, the appropriate course of action for the officer is to repeat the Miranda rights and obtain a waiver of those rights before proceeding with any questioning. This procedure is vital because it ensures that the suspect fully understands their rights and is voluntarily waiving them. It confirms that any statements made afterward are considered to be made with the requisite knowledge of their rights and without coercion. This protection is in place to prevent any potential violations of the suspect's rights and to maintain the integrity of the interrogation process. Additionally, while providing a phone for the suspect to contact their lawyer may seem like a supportive action, it does not fulfill the requirement to ensure that the suspect's rights are adequately protected before resuming questioning. This can also lead to issues regarding the admission of any statements made to law enforcement if those rights were not properly addressed prior to interrogation. Therefore, the correct approach is to clearly restate the Miranda rights and secure a waiver before any further discussion can take place.