Supreme Court rules police can initiate suspect's questioning


By James Vicini

WASHINGTON (Reuters) - The U.S. Supreme Court ruled on Tuesday that police, under certain circumstances, can initiate an interrogation of a suspect without the defendant's lawyer being present.

By a 5-4 vote, the conservative majority overruled a 23-year-old Supreme Court decision that barred the police from initiating questioning after a defendant asserted the right to an attorney at an arraignment or similar proceeding.

The 1986 decision held that once a defendant invoked the right to counsel, only the suspect, and not the police, can initiate the contact.

The ruling was the latest in a recent string by conservative justices expanding the power of police to question suspects, but it does not change the landmark 1966 ruling barring the police from questioning a suspect who invoked the right to remain silent or have a lawyer present.

The decision was a defeat for Jesse Jay Montejo, a Louisiana death row inmate. He was convicted and sentenced to death for the murder of a dry-cleaning operator during a robbery in 2002.

He initially waived his right to a lawyer and was questioned by the police. He told several conflicting stories. Several days later, he appeared in court for a preliminary hearing and a local judge appointed a lawyer to represent Montejo, who could not afford an attorney.

Later that day, police investigators approached Montejo in prison and he again waived his right to a lawyer.

But Montejo later claimed the police had violated his constitutional right to counsel by interrogating him without his lawyer being present and pressuring him to write a letter confessing and apologizing to the victim's wife. That letter was later introduced as evidence against him at his trial.

The Louisiana Supreme Court and then the U.S. Supreme Court rejected Montejo's appeal.

Writing for the court majority, Justice Antonin Scalia said there was little if any chance a defendant will be badgered into waiving the right to have counsel present during police-initiated questioning.

In overruling the 1986 decision, Scalia said, "The considerable adverse effect of this rule upon society's ability to solve crimes and bring criminals to justice far outweighs its capacity to prevent a genuinely coerced agreement to speak without counsel present."

Liberal Justice John Paul Stevens, the author of the 1986 decision, disagreed.

In dissent, Stevens said the dubious benefits of overruling the decision are far outweighed by damage to the rule of law and the integrity of the constitutional right to an attorney.

Views: 68

Comment

You need to be a member of 12160 Social Network to add comments!

Join 12160 Social Network

Comment by truth on May 29, 2009 at 5:25am
Comment by TheLasersShadow on May 27, 2009 at 1:33am
This means they can harass you 24/7 like gitmo changing shifts not allowing you sleep until they MUST charge you by law and set bail. FUNNN!!

The police look more friendly by the day, i don't know what it is they just keep getting better and better. I can't wait for the next few years what will they destroy... i mean, think of next?

"Destroying the New World Order"

TOP CONTENT THIS WEEK

THANK YOU FOR SUPPORTING THE SITE!

mobile page

12160.info/m

12160 Administrators

 

Latest Activity

Doc Vega commented on Burbia's video
Thumbnail

InfoWars reporter Jamie White ‘brutally murdered’ near Austin residential area, outlet says

"We're supposed to be conditioned to accept this kind of shit! That the government will have…"
1 hour ago
Doc Vega posted blog posts
4 hours ago
Doc Vega commented on Doc Vega's blog post Disturbing Aspect of the Patterson Gimlin Film
"Thanks for your support Les Prone!"
4 hours ago
Doc Vega commented on Doc Vega's blog post What Would Have Happened to the US Had Harris Been Elected?
"Les Prone-no shit Dude absolutely frightening! "
4 hours ago
Burbia commented on Burbia's video
Thumbnail

InfoWars reporter Jamie White ‘brutally murdered’ near Austin residential area, outlet says

"Yeah, when his company was being auctioned off, why wasn't the starting bid 100 million?"
6 hours ago
tjdavis's blog post was featured
8 hours ago
Doc Vega's 5 blog posts were featured
8 hours ago
cheeki kea's blog post was featured
8 hours ago
Less Prone commented on Doc Vega's blog post What Would Have Happened to the US Had Harris Been Elected?
"It's too terrible to even contemplate. Kamala the president of the USA."
8 hours ago
GeneralCarlosQ17's blog post was featured

Reuters was paid millions of dollars by the US government for “large scale social deception”

Reuters was paid millions of dollars by the US government for “large scale social deception”. That…See More
8 hours ago
Burbia's blog post was featured
8 hours ago
Less Prone commented on tjdavis's blog post The Strobe Method
"Sound like another CIA project."
8 hours ago
Less Prone favorited rlionhearted_3's photo
8 hours ago
Less Prone commented on rlionhearted_3's photo
Thumbnail

On the beach in Ireland!!!

"It kind of makes sense, on the beach. Maximizing the sun tan surface area. But is it worth it?"
8 hours ago
Less Prone favorited Doc Vega's blog post Disturbing Aspect of the Patterson Gimlin Film
8 hours ago
cheeki kea commented on tjdavis's video
Thumbnail

Route 91: Uncovering the Cover Up

"Video not always showing on you tube according to comment section. I can't see it anyways but…"
yesterday
tjdavis posted a blog post
yesterday
Doc Vega favorited Burbia's video
yesterday
Doc Vega commented on Burbia's video
Thumbnail

InfoWars reporter Jamie White ‘brutally murdered’ near Austin residential area, outlet says

"Gosh do you think the Deep State was sending Alex a message? These bastards!"
yesterday
Doc Vega commented on tjdavis's video
Thumbnail

Route 91: Uncovering the Cover Up

"The lying bastards never covered one aspect of the shooter who was in bad health and couldn't…"
yesterday

© 2025   Created by truth.   Powered by

Badges  |  Report an Issue  |  Terms of Service

content and site copyright 12160.info 2007-2019 - all rights reserved. unless otherwise noted