The following excerpt is from Com. of Northern Mariana Islands v. Doe, 844 F.2d 791 (9th Cir. 1988):
Doe's allegations raise a difficult question: Did Officer Camacho violate Doe's Miranda rights by subjecting him, after he wrote "no" beside question No. 9, to continued custodial interrogation? See Miranda v. Arizona, 384 U.S. 436, 473-74 (1966) ("If the individual indicates in any
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Doe contends that by responding "no" to question No. 9 he invoked his right to counsel. That question specifically referred to talking "without having a lawyer present." See note 2, above. The rule in Smith v. Illinois, 469 U.S. 91, 95 (1984) may be implicated: "if the accused invoked his right to counsel, courts may admit his responses to further questioning only on finding that he (a) initiated further discussions with the police, and (b) knowingly and intelligently waived the right he had invoked."
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