People v. Bender

In People v. Bender, 452 Mich. 594, 597; 551 N.W.2d 71 (1996), the Michigan Supreme Court adopted a prophylactic rule that requires the police to inform suspects for whom counsel have been retained about the availability of counsel for them. The failure to so inform suspects requires suppression of any statements made by the suspects. Id. In Bender, supra, two defendants, Zeigler and Bender, were arrested for stealing bicycles. After Zeigler was arrested, his mother retained an attorney who instructed her to go to the police station to deliver a message to Zeigler on the attorney's behalf. Bender, 452 Mich. at 598-599. Zeigler's mother went to the police station, asked to see her son, and told the officer that she had a message for her son from his attorney. Id. After Bender was arrested, his father retained an attorney who called the police station and asked to speak with Bender. Id., at 600. The police did not inform Zeigler and Bender that attorneys were trying to contact them. After signing waivers of their Miranda rights, Zeigler and Bender were each interrogated and made incriminating statements. Bender, 452 Mich. at 599-601. In Bender, neither Zeigler's mother nor Bender's attorney spoke directly to the interrogating officer when they contacted the police station. Bender, 452 Mich. at 598-600. Moreover, in Bender, the Court refers to "the police" or "police" as an entity throughout its opinion. See Bender, 452 Mich. at 597, 605, 614-617, 620. Footnote twenty-four states "the police, as an entity, have the fundamental responsibility to establish and maintain adequate procedures that will allow an attorney to communicate with a suspect and the interrogating officers without unreasonable delay." Bender, 452 Mich. at 617-618 n.24.