Giles v. Commonwealth
In Giles v. Commonwealth, 28 Va. App. 527, 532-33, 507 S.E.2d 102, 105 (1998), the Court held that the defendant, who had previously invoked his right to counsel, initiated conversation with the police during booking procedures by indicating that he was confused and did not understand the charge against him.
The Court reasoned that the defendant's statements that he was confused and did not understand and then his surprise at being charged with robbery "fairly constituted an invitation for Officer Royer to discuss with the defendant his situation." Id. at 535, 507 S.E.2d at 106.
The Court further stated that the defendant's comments "were not necessary inquiries incidental to the booking and custodial relationship." Id.
It is significant to note that the defendant in Giles invoked his right to counsel, the police terminated the interview, and the booking procedures, during which the defendant initiated the conversation, began immediately thereafter.