Montejo v. Louisiana
Citation and Court
556 U.S. 778 (2009) — Supreme Court of the United States
Facts
After Montejo was charged with murder and counsel was appointed at a preliminary hearing, police took him on a trip to locate a murder weapon before he had spoken with his attorney. During the trip he made inculpatory statements. He argued that under Michigan v. Jackson, police could not have initiated the interrogation after appointment of counsel.
Issue
Whether the Sixth Amendment bars police from initiating interrogation of a defendant after counsel has been appointed at a preliminary hearing, when the defendant has not yet asked for counsel.
Holding
The Sixth Amendment does not categorically bar police-initiated interrogation after counsel is appointed; Michigan v. Jackson is overruled. A defendant may waive the Sixth Amendment right to counsel, and that waiver is valid if it meets the Miranda waiver standard.
Rule / Doctrine
Overruling Michigan v. Jackson (1986), the Court held that appointment of counsel does not automatically bar subsequent police-initiated interrogation. A knowing and voluntary waiver of Miranda rights also constitutes a valid waiver of the Sixth Amendment right to counsel for purposes of that interrogation, even after counsel has been appointed.
Significance
Significantly weakened Sixth Amendment protection post-appointment by eliminating the Jackson rule. Defense lawyers must now be more vigilant about instructing clients not to speak with police, because appointment of counsel alone no longer prevents police from approaching defendants.