Can a Second Interrogation Be Held When the Defendant Has Been In Custody for a Long Time for Another Crime ?
In Maryland v. Shatzer, 130 S. Ct. 1213, 175 L. Ed. 2d 1045 (U.S. 2010), the defendant was incarcerated when police interrogated him for an unrelated sexual abuse claim.
The defendant invoked his right to counsel, police stopped the questioning, and the defendant was released back into the general jail population.
Two years later, police returned to question the defendant based on new information, and the defendant confessed. Shatzer, 130 S. Ct. at 1227.
The Supreme Court explained that once a defendant invokes his right to counsel under Miranda, subsequent requests for interrogation pose a significantly greater risk of coercion. Shatzer, 130 S. Ct. at 1220.
It acknowledged that this risk often arises when a defendant is arrested for a particular crime, is initially interrogated, and up to and including the second interrogation is held in custody, "cut off from his normal life and companions where his captors" seem to control his fate. Shatzer, 130 S. Ct. at 1220.
The Supreme Court then announced that police must observe the consequences of Edwards until there has been a break in custody of 14 days. Shatzer, 130 S. Ct. at 1233.