Code of Criminal Procedure · Edwards v. Arizona

Edwards v. Arizona

Edwards v. Arizona is covered under Edwards v. Arizona and tested on the TCOLE peace officer licensing exam. Cadets typically encounter this topic under "Statements" on practice exams.

To prove this offense, the State must establish each of the following elements: Custodial suspect; Unambiguous invocation of right to counsel; All interrogation must cease; May not be reinitiated by police until counsel made available; Exception: suspect-initiated communication, or 14-day break in custody (Shatzer).

Elements you must prove

  • Custodial suspect
  • Unambiguous invocation of right to counsel
  • All interrogation must cease
  • May not be reinitiated by police until counsel made available
  • Exception: suspect-initiated communication, or 14-day break in custody (Shatzer)

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Worked examples

Worked example 1

Once a suspect in custody invokes his right to counsel, officers must:

  1. Continue questioning if a different officer asks
  2. Cease all interrogation and may not reinitiate questioning until counsel is made available, unless the suspect himself initiates further communication Correct
  3. Wait 24 hours and try again
  4. Get the prosecutor's permission
Why: Once a suspect invokes the Miranda right to counsel, all interrogation must cease and may not resume on any offense until counsel is provided, unless the suspect himself initiates further communication. (Maryland v. Shatzer adds a 14-day break-in-custody exception.)
Statute: Edwards v. Arizona, 451 U.S. 477 (1981)