Can the Edwards Rule Be Triggered Despite the Defendant Invoking His Right to Counsel Before Being Questioned ?
[pIn United States v. Kelsey, 951 F.2d 1196, 1198-99 (10th Cir. 1991), the defendant asked to see his lawyer after he was arrested and police were searching his home.
The police told the defendant that if he wanted his lawyer now, they could not ask him questions and would have to take him to jail.
The police did not ask the defendant questions and did not read him his Miranda warnings until much later, and the defendant answered questions. Kelsey, 951 F.2d at 1198.
Although the defendant invoked his right to counsel before he was questioned or given his Miranda warnings, the appellate court determined that the Edwards rule was triggered because it was clear that the police intended to question the defendant at some point and that the police understood the defendant was invoking his right to have counsel present during questioning. Kelsey, 951 F.2d at 1199;
State v. Torres, 330 N.C. 517, 527, 412 S.E.2d 20, 26 (1992) (where the defendant was placed in custody for several hours before questioning, supreme court held that the defendant could invoke her right to counsel for impending interrogation though she was not actively being questioned at the time);
State v. Hambly, 2008 WI 10, P42, 307 Wis. 2d 98, P42, 745 N.W.2d 48, P42 (finding that the defendant effectively invoked his right to counsel where he asked for an attorney at time of his arrest but before interrogation began).