Code of Criminal Procedure · U.S. Supreme Court, 1994
Davis v. United States
Davis v. United States is a 1994 U.S. Supreme Court decision. This page summarizes key points and works through practice questions for Texas peace officer exam preparation.
Key points
- Applies after a knowing and voluntary Miranda waiver
- Invocation of counsel must be unambiguous (objective standard)
- Equivocal statements do not require officers to stop questioning
- Once unambiguously invoked: Edwards rule applies
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Worked examples
Worked example 1
SCENARIO. A suspect in custody says: 'Maybe I should talk to a lawyer.' The officer continues to question. Was this a valid invocation of counsel?
- Yes — any reference to counsel terminates questioning
- No, if the suspect has already validly waived Miranda — under Davis v. United States, after a knowing and voluntary waiver an equivocal reference to counsel does not require questioning to stop, though best practices favor clarification Correct
- Only if the lawyer's name is given
- Only after Miranda is repeated
Why: Davis held that after a knowing and voluntary waiver of Miranda rights, officers may continue questioning until and unless the suspect clearly requests an attorney. Equivocal statements ('maybe I should...', 'do I need a lawyer?') do not require officers to stop. Many policies require officers to seek clarification, but it is not constitutionally required.
Statute: Davis v. United States, 512 U.S. 452 (1994)