State v. Acquin

In State v. Acquin, 187 Conn. 647, 666, 448 A.2d 163 (1982), cert. denied, 463 U.S. 1229 (1983), the United States Supreme Court held that the fifth and fourteenth amendments' prohibition against compelled self- incrimination requires that a suspect in police custody be informed specifically of his or her right to remain silent and to have an attorney present before being questioned. . . . The court further held that 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 . . . . and if the individual states that he wants an attorney, the interrogation must cease until an attorney is present. . . . Furthermore, if the interrogation continues without the presence of an attorney and a statement is taken, a heavy burden rests on the government to demonstrate that the defendant knowingly and intelligently waived his privilege against self-incrimination and his right to retained or appointed counsel." State v. Acquin, supra, 666.