Legal Opinion
People v. Bender
Michigan Supreme Court
Decided July 23, 1996No. 102520, Calendar No. 7PublishedCited by 50 opinions
1Opinion of the CourtCavanagh, J.
In this case, we are asked to consider whether, under Michigan law, a suspect’s waiver of his rights to remain silent and to counsel is valid when the police fail to inform him, before he gives a statement, that a specific, retained attorney is immediately available to consult with him. We hold that Const 1963, art 1, § 17 requires the police to inform the suspect that a retained attorney is immediately available to consult with him, and failure to so inform him before he confesses per se precludes a knowing and intelligent waiver of his rights to remain silent and to counsel.1
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2Cases cited25 opinions
- Miranda v. ArizonaSupreme Court of the United States · 1966
- Johnson v. ZerbstSupreme Court of the United States · 1938
- Mapp v. OhioSupreme Court of the United States · 1961
- Escobedo v. IllinoisSupreme Court of the United States · 1964
- Moran v. BurbineSupreme Court of the United States · 1986
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3Cited by50 opinions
- Ajabu v. StateIndiana Supreme Court · 1998
- People v. TannerMichigan Supreme Court · 2014
- Commonwealth v. MavredakisMassachusetts Supreme Judicial Court · 2000
- People v. SextonMichigan Supreme Court · 1998
- Malinski v. StateIndiana Supreme Court · 2003
45 more not listed; retrieve them via the Exa API.