Does law enforcement violate appellant's Sixth Amendment right to counsel when he was placed in the holding cell because he had not been charged with murder?
California, United States of America
The following excerpt is from People v. Nieves, 2d Crim. No. B268349 (Cal. App. 2017):
Law enforcement did not violate appellant's Sixth Amendment right to counsel. The right to counsel "is 'offense specific'; it arises and may be asserted only as to those offenses for which criminal proceedings have formally begun." (People v. DePriest (2007) 42 Cal.4th 1, 33.) Appellant did not have a right to counsel when he was placed in the holding cell because he had not been charged with the murder.
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