Interrogations and the Sixth Amendment Right to Counsel
Dig into the Sixth Amendment right to counsel, focusing on when the right attaches, the guarantee of assistance of counsel at every critical pretrial interaction after that point, the exclusion of evidence deliberately elicited outside the presence of counsel, the offense-specific nature of the right, and how the right may be waived.
The Sixth Amendment provides, among other things, that “In all criminal prosecutions, the accused shall enjoy the right to… have the [a]ssistance of [c]ounsel for his [or her] defen[s]e.” U.S. Const. Amend. VI. Just like the Fourth Amendment, the Sixth Amendment right to counsel applies to state and municipal government actions by virtue of the due process clause of the Fourteenth Amendment. See Brewer v. Williams, 430 U.S. 387, 397-398 (1977) (internal cites and quotes omitted).