North Carolina Basic Law Enforcement Training (BLET) State Practice Exam

What is an appropriate action if a suspect tries to communicate after invoking their right to counsel?

1. Engage in conversation without further legalities

2. Obtain a waiver and repeat Miranda rights

3. Contact their attorney before discussing

4. Continue to deny further conversation

The correct answer is: Obtain a waiver and repeat Miranda rights

When a suspect invokes their right to counsel, law enforcement must respect that decision. The appropriate action is to obtain a clear waiver of that right if the police wish to initiate further conversation with the suspect. This means that before any further questioning can occur, the suspect must voluntarily and knowingly agree to speak without the presence of an attorney. Repeating the Miranda rights serves as a reminder of the suspect's rights and ensures that they are fully informed before proceeding. It is crucial because a valid waiver must be based on an understanding of what rights they are relinquishing. If the suspect does waive their right to counsel after the reminder, then the conversation may continue. Respecting the legal rights of suspects is fundamental in law enforcement practices, as it helps prevent coercion and ensures that any statements made can be used in court. Addressing the other options briefly, engaging in conversation without further legalities disregards the suspect’s rights and could lead to suppressing any statements made. Contacting their attorney before discussing would be a proper action if the suspect had not waived their right, but that wouldn’t allow for continued questioning without representation. Lastly, continuing to deny further conversation might be an appropriate response if the suspect has clearly indicated they do not wish to speak,