Gabriel Schaaf v. Tim Shoop, Warden
DueProcess CriminalProcedure
Whether police must wait for counsel to be present, before questioning a suspect who has invoked his right to remain silent and to have counsel present, prior to questioning and prior to being 'in-custody'?
QUESTIONS PRESENTED 1. Whether police must wait for counsel to be present, before questioning a suspect who has invoked his right to remain silent and to have counsel present, prior to questioning and prior to being "in-custody"? 2. Whether armed detectives wearing bullet-proof vests, combind with summoning an ‘individual on his. own property to their presence, contributes to a show of authority escalating to the equivelant of an "in-custody" interrogation? 3. Whether police must wait for counsel to be present, before questioning a suspect who has invoked his right to remain silent and to have counsel present, prior to questioning and prior to being "in-custody"? 3b. And if not,*; how long must police wait to question again before they must Mirandize without counsel present?