Impact on miranda rights by Montejo v. Louisiana

[randomguy]

What is the name of your state (only U.S. law)? California/USA

Can someone tell me if I understand the ruling correctly Montejo v. Louisiana by us supreme court.

Once police advice you of your Miranda rights and you ask for a lawyer, police can still continue questioning you till a lawyer gets there?

 

[justalayman]

that case did not make a decision such as you are trying to impose it upon.

That case made the decision that once counsel is appointed (even in this situation where counsel was court ordered and not even requested) the police are thereby constrained by the suspects 6th amendment rights to have counsel present during most any aspect of the investigation from that point forward. The lack of invoking ones right to counsel did not weigh against the suspects rights but merely the fact that there was in fact counsel for the suspect that all interrogation from that point forward must be with the understanding that the suspect does have legal counsel and counsel must be included in such actions.

Your situation would be represented by the Edwards v. Arizona case or somewhat similar to the Jackson v. Michigan case. In Edwards, subsequent interrogation once ones 6th amendment rights are invoked is forbidden and in Jackson, the mere request for counsel invokes such rights.