Detectives grilled Thomas Perez Jr. for 17 hours, deprived him of medications and threatened to have his dog killed if he didn’t confess to killing his father, who was actually alive.
Additionally, the request for a lawyer must be unequivocal. Not “I think I need a lawyer,” as much as any reasonable person would consider that as a request for a lawyer. McDaniel, the guy in the linked case got railroaded after saying that he thinks he would rather have a lawyer there to speak for him, and the claim that the questioning should have stopped was dismissed because he hadn’t requested a lawyer, only that he thought he needed a lawyer.
Judges bend over backwards to let police mess with our rights, so clarity and assertiveness are a must.
The script needs to be taught vigorously:
🔃 Rinse 'n repeat. Never say anything else
You also have to vocally state that you are invoking your right to remain silent. Just remaining silent is apparently not enough.
Additionally, the request for a lawyer must be unequivocal. Not “I think I need a lawyer,” as much as any reasonable person would consider that as a request for a lawyer. McDaniel, the guy in the linked case got railroaded after saying that he thinks he would rather have a lawyer there to speak for him, and the claim that the questioning should have stopped was dismissed because he hadn’t requested a lawyer, only that he thought he needed a lawyer.
Judges bend over backwards to let police mess with our rights, so clarity and assertiveness are a must.