California, United States of America
The following excerpt is from People v. Martinez, B220750 (Cal. App. 2012):
Moreover, the other cases on which the Attorney General relies to argue that appellant's request was ambiguous or equivocal are equally distinguishable. For example, in Davis v. United States, 512 U.S. at page 462, the court held that the statement, "'Maybe I should talk to a lawyer,'" was not an unambiguous or unequivocal request for counsel because it suggested only that the defendant might want a lawyer. In People v. Gonzalez (2005) 34 Cal.4th 1111, 1126, the court held that the defendant's request for counsel was ambiguous and equivocal because it was conditional -- he stated that he wanted a lawyer if he was going to be charged. Here, appellant's request was not
Page 14
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.