State v. Harris

STREIT, Justice.

What does a suspect in custody need to do to invoke his right to an attorney? He just needs to ask for one. In the present case, the suspect repeatedly requested to speak with an attorney. Instead of ending the interrogation, the detective responded “You don’t trust us enough to do it without a lawyer?” We find Kevin Harris’s Fifth Amendment right to the presence of an attorney was violated when the detective continued to interrogate him after he invoked this right. Moreover, the detective violated Harris’s statutory right to contact a family member by refusing to allow Harris…