Case law · Highest court · Federal

Davis v. United States

Decided
June 24, 1994
Docket
92-1949
Status
Published
Jurisdiction
Federal

Cited 2,777 timesNo negative treatment found in this library

What later courts said

  • holding that an arrestee's comment that "maybe [she] should talk to a lawyer" did not constitute an unambiguous request for counsel — United States v. Posada-Rios (1998)
  • holding that the defendant’s remark — “Maybe I should talk to a lawyer” — was not a request for counsel — v. Mentzer (2020)
  • holding that reading a suspect his rights was a proper response to question, "What about an attorney?" — State v. Glatzmayer (2001)

Each line is a later court’s own words about this case, not a summary. Read the opinion before relying on it.

How the opinion begins

[*454] Justice O’Connor delivered the opinion of the Court.

In Edwards v. Arizona, 451 U. S. 477 (1981), we held that law enforcement officers must immediately cease questioning a suspect who has clearly asserted his right to have counsel present during custodial interrogation. In this case we decide how law enforcement officers should respond when a suspect makes a reference to counsel that is insufficiently clear to invoke the Edwards prohibition on further questioning.

I

Statutes cited

Cite this

Davis v. United States, 512 U.S. 452 (1994)

Read the full opinion

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