Unlawfully Obtained Admissions and Confessions

Case Law Update

Statements of defendant — Trial court erred in admitting statements of defendant where his right to presence of counsel for interrogation was not validly waived — Defendant’s statement that he did not have the money for a lawyer indicated that he did not understand he had the right to appointed counsel even if he could not afford one, and officer’s response did not clarify defendant’s right to presence of counsel regardless of his lack of financial resources.

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