California, United States of America
The following excerpt is from People v. Bonilla, F062175 (Cal. App. 2012):
"Pursuant to Miranda, supra, 384 U.S. 436, 'a suspect [may] not be subjected to custodial interrogation unless he or she knowingly and intelligently has waived the right to remain silent, to the presence of an attorney, and, if indigent, to appointed counsel.' [Citations.]" (People v. Dykes (2009) 46 Cal.4th 731, 751.) "Once warnings have been given, the subsequent procedure is clear. If the individual indicates in any manner, at any time prior to or during questioning, that he wishes to remain silent, the interrogation must cease.... If the individual states that he wants an attorney, the interrogation must cease until an attorney is present." (Miranda, supra, 384 U.S. at pp. 473-474, fn. omitted.)
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.