Supreme Court rules police can interrogate suspects without attorney present

[dajoki]

Supreme Court rules police can initiate suspect's questioning
Tue May 26, 2009 11:58am EDT
By James Vicini
http://www.reuters.com/article/domesticNews/idUSTRE54P47120090526

WASHINGTON (Reuters) - The U.S. Supreme Court ruled on Tuesday that police, under certain circumstances, can initiate an interrogation of a suspect without the defendant's lawyer being present.

By a 5-4 vote, the conservative majority overruled a 23-year-old Supreme Court decision that barred the police from initiating questioning after a defendant asserted the right to an attorney at an arraignment or similar proceeding.

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The ruling was the latest in a recent string by conservative justices expanding the power of police to question suspects, but it does not change the landmark 1966 ruling barring the police from questioning a suspect who invoked the right to remain silent or have a lawyer present.

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Writing for the court majority, Justice Antonin Scalia said there was little if any chance a defendant will be badgered into waiving the right to have counsel present during police-initiated questioning.

In overruling the 1986 decision, Scalia said, "The considerable adverse effect of this rule upon society's ability to solve crimes and bring criminals to justice far outweighs its capacity to prevent a genuinely coerced agreement to speak without counsel present."

Liberal Justice John Paul Stevens, the author of the 1986 decision, disagreed.

In dissent, Stevens said the dubious benefits of overruling the decision are far outweighed by damage to the rule of law and the integrity of the constitutional right to an attorney.