MBE Rules · Criminal Procedure
Miranda — invocation and waiver
Edwards / Davis
The rule
Invocation of right to counsel must be unambiguous (Davis); once invoked, police must cease all interrogation about any offense until counsel present or suspect re-initiates (Edwards). Right to silence may be re-approached after a reasonable time. Waiver must be knowing, intelligent, voluntary.
In plain English
If someone clearly asks for a lawyer, the police have to stop questioning them until the lawyer is there, unless the person starts talking again on their own.
Worked example
During questioning, the defendant says, 'I think I need a lawyer.' The police must stop asking questions until a lawyer is present or the defendant decides to talk without one.
Memory hook
Silence is golden; counsel is ironclad. Unambiguous request stops all police chatter until lawyer's ladder.
The trap
Students think: Any mention of a lawyer stops questioning. Wrong, because it must be clear and unambiguous. The actual test is Davis: suspect must clearly request counsel.
How examiners test it
MBE loves: suspect says 'maybe I need a lawyer' during questioning. Trap: students think this invokes right to counsel. It's ambiguous, so questioning continues unless clearly invoked.
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