Scott Greenfield over at Simple Justice has another excellent post here concerning the Supreme Court’s recent overruling of Michigan v. Jackson. Will prosecutors still be barrred from interviewing, or directing cops/agents to interview, represented suspects under state ethics rules? Under most such rules you cannot speak to a represented person unless his lawyer gives you permission or unless “authorized by law.” I believe that most, but not all, jurisdictions construe “authorized by law” to include constitutional law decisions by the Supreme Court, but I haven’t researched it recently.
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