Northern Virginia Criminal Justice Academy (NVCJA) Practice Exam

If a suspect has claimed their right to counsel, can an officer ask a cell-mate to get information from them?

1. Yes, this practice is allowed

2. No, this is illegal

3. It depends on the nature of the case

4. Only if done discreetly

The correct answer is: No, this is illegal

When a suspect has invoked their right to counsel, any questioning or interrogation by law enforcement must cease until an attorney is present. This right is rooted in the Sixth Amendment, which protects an individual's right to have legal representation during interrogation. If an officer were to ask a cell-mate to elicit information from the suspect after they have requested counsel, it would be considered a violation of the suspect's rights. This is because such actions can be viewed as a form of covert interrogation, which circumvents the suspect’s explicit request for legal representation. The other options suggest varying levels of permissibility, but without adhering to the need for an attorney once the right to counsel has been claimed, those actions would undermine the protections afforded by the law. This manifests the broader principle that once a suspect has asserted their right to have an attorney present, any attempts to extract information through indirect means, such as using a cell-mate, are not legally acceptable.