Northern Virginia Criminal Justice Academy (NVCJA) Practice Exam

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What should officers do if a suspect invokes their right to counsel?

  1. Ignore the request and proceed

  2. Cease questioning immediately

  3. Continue to gather evidence

  4. Transfer the suspect to another officer

The correct answer is: Cease questioning immediately

When a suspect invokes their right to counsel, officers are required by law to cease questioning immediately. This right is protected under the Sixth Amendment of the U.S. Constitution, which grants individuals the right to legal representation during police interrogations. Once this right is invoked, any further interrogation without an attorney present could be considered a violation of the suspect's constitutional rights and could jeopardize the admissibility of any statements made thereafter. This is critical for ensuring that the suspect's legal rights are upheld and that the interrogation process remains fair and just. Continuing to question the suspect or attempting to gather evidence can lead to coercive circumstances, potentially leading to false confessions or unreliable information. Therefore, the proper course of action is to stop all questioning and allow the suspect to speak with an attorney.