NCJ Number
129797
Journal
Crime to Court Dated: (March 1991) Pages: 3-10
Date Published
1991
Length
8 pages
Annotation
The United States Supreme Court's decision in Minnick v. Mississippi upheld the principle, established in the Edwards case, that the attorney must be present at any interrogation of a suspect who has previously requested counsel.
Abstract
Minnick was tried for murder in Mississippi and moved to suppress all statements given to the FBI and other police officers including Denham. He argued that the confession to Denham was taken in violation of his rights to counsel under the fifth and sixth amendments. The Supreme Court ruled that the Edwards rule provides clear guidelines to law enforcement and that a single consultation with an attorney does not remove a suspect from persistent attempts by officials to waive rights or from the coercive pressures that accompany custody. However, the guidelines do not apply if the accused person initiates the conversation with the authorities. The interrogation in question was a formal interview that Minnick was compelled to attend. Therefore, the Mississippi Supreme Court's judgment was reversed and the case remanded to the State.