State v. Lee

The State of Wisconsin (State) seeks review of a decision suppressing Scott Lee’s inculpatory statement. The court of appeals held that the police violated Lee’s constitutional right to counsel by initiating communication with him, through his stepmother, after he invoked his right to counsel. Because of the extent of police involvement in the actions of Lee’s stepmother, we conclude that she was acting on behalf of the police in her efforts to elicit Lee’s cooperation with the police. Inasmuch as Lee had already invoked his right to counsel and did not himself initiate communication with the…