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by jeremyjh 2555 days ago
I'm not sure how police would do their jobs if they could never ask anyone questions without a lawyer present. This would mean for example, that before giving a statement as a witness to a traffic accident resulting in minor injury, that I would need to obtain representation. Of course this is not the kind of interrogation you are talking about, but what would be the bright line rule that separates adversarial interrogation (even for someone not yet arrested or charged) versus just "asking a few questions" ?
1 comments

You could always go with "Nothing you say can be used against you without declaration of intent (ie 'we are arresting you for ___') and representation"