FL Criminal Trial Specialist Practice Questions - Florida Bar Board Certified - Criminal Trial Exam

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During a custodial interrogation, a suspect says, 'Maybe I should talk to a lawyer.' The detective continues questioning and obtains a confession. Defense counsel moves to suppress, arguing the suspect invoked his right to counsel. How should the court most likely rule under governing Fifth Amendment doctrine?

Suppress, because any mention of a lawyer ends interrogation Deny, because the request for counsel must be unambiguous and unequivocal to require cessation Suppress, because the burden is on the State to prove the suspect did not want counsel Deny, because Miranda does not apply once the suspect begins answering questions

Correct Answer:

Deny, because the request for counsel must be unambiguous and unequivocal to require cessation

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