ND Bar Practice Questions - North Dakota Bar Examination Exam

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A suspect in custody is read his Miranda rights, invokes his right to counsel, and questioning stops. Two hours later, without counsel present, the same officers reinitiate interrogation and obtain a confession. Under Edwards v. Arizona, the confession is:

Admissible, because the suspect was re-advised of his rights Inadmissible only if the confession was involuntary Admissible, because two hours is a sufficient break in custody Inadmissible, because once a suspect invokes the right to counsel, police may not reinitiate interrogation until counsel is present or the suspect reinitiates

Correct Answer:

Inadmissible, because once a suspect invokes the right to counsel, police may not reinitiate interrogation until counsel is present or the suspect reinitiates

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