California, United States of America
The following excerpt is from People v. Gomez, E056133 (Cal. App. 2013):
that is an ambiguous or equivocal prewaiver statement, in that a reasonable officer in light of the totality of the circumstances would have understood only that the suspect might be invoking the right to counsel, immediate cessation of questioning is not required. (Id. at pp. 459, 461-462; People v. Gonzalez (2005) 34 Cal.4th 1111, 1124-1125.)
In the instant case, before the detectives advised defendant of her Miranda rights and began interrogating her, defendant stated she wanted a public defender to represent her. The totality of circumstances cast doubt on whether defendant was invoking her right to an attorney, because immediately after defendant said she wanted a defender, she made a statement implicating herself in the murder. There was no evidence officers had begun interrogating her when she made the statement or that officers used improper police tactics which led to defendant's confession. The statement was a voluntary, uncoerced, and spontaneous utterance. (People v. Clark (1993) 5 Cal.4th 950, 985-986.)
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