Can a Third Party/Family Member Invoke Your Right to An Attorney ?
In People v. Young, 365 Ill. App. 3d 753, 850 N.E.2d 284, 302 Ill. Dec. 847 (2006) defendant claimed his father had invoked his right to counsel for him where his father, who was in custody along with the defendant's brother, told police he was waiting for his attorney. Young, 365 Ill. App. 3d at 759.
The father's request for an attorney seemingly applied to his own right to counsel, not to the right of the defendant or his brother, and therefore the defendant had not invoked his right to counsel. Young, 365 Ill. App. 3d at 759-60.
Similarly distinguishable is Sommerville.
In People v. Sommerville, 193 Ill. App. 3d 161, 549 N.E.2d 1315, 140 Ill. Dec. 443 (1990), the defendant purportedly told his girlfriend to call his attorney at the time of his arrest, in the presence of arresting officers. Sommerville, 193 Ill. App. 3d at 168-69.
The appellate court determined that the defendant failed to invoke his right to counsel when his alleged statement to call his attorney was not made to police but rather a third party. Sommerville, 193 Ill. App. 3d at 169-70.