NALA ACP Criminal Litigation Practice Questions - NALA Advanced Certified Paralegal - Criminal Litigation Exam

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During a custodial interrogation, the suspect says, 'I think I want a lawyer, maybe.' Officers continue questioning and obtain a confession. Under Davis v. United States, was the officers' decision to continue questioning lawful?

No, any reference to a lawyer requires all questioning to stop immediately Yes, because the right to counsel does not apply during interrogation No, because Miranda forbids any further questioning after warnings are given Yes, because the suspect's reference to counsel was ambiguous and did not constitute an unambiguous, unequivocal invocation of the right to counsel

Correct Answer:

Yes, because the suspect's reference to counsel was ambiguous and did not constitute an unambiguous, unequivocal invocation of the right to counsel

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