State v. Neely

Mark P. Painter, Judge.

{¶ 1} When suspects invoke their right to counsel, even if in custody, but later make statements while again in custody, does the original invocation continue forever, thus making later custodial statements inadmissible? This question has not, as far as we can tell, been answered in Ohio. We answer no. Even if a suspect, once in custody, invokes the right to counsel, if there is a break in custody for a reasonable time, then the prohibition on questioning expires and any later custodial statements are admissible. We affirm the trial court’s judgment.

{¶ 2}…