New York’s Right to Counsel: The Rogers Rule.
During the post-arrest interrogation of a robbery suspect, after receiving Miranda warnings, Rogers waived his right to have a lawyer present. After two or three hours of questioning, Rogers’ attorney contacted the police and advised them that Rogers was represented by counsel. The police stopped questioning Rogers about the robbery, but questioned him on unrelated criminal matters for the next four hours. Rogers uttered an inculpatory statement after the questioning was over, which was later successfully used against him. On appeal, the Court surppessed the statement because it was not spontaneous, but rather a result of previous questioning. Further, the Court held that “the police may not elicit from him any statements, except those necessary for processing or his physical needs. Nor may they seek a waiver of [the right to counsel], except in the presence of counsel… even when the interrogation concerns unrelated matters.”
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