Defendant was charged with several offenses in connection with incident when 2 of his brothers were shot. Defendant admitted to police that he shot one of his brothers in the foot, and admitted firing 5 additional shots. Defendant invoked his right to counsel, stating, “I don’t want to answer that question without my lawyer.” Officer immediately continued to question Defendant about the incident, and did not ask for clarification about his invocation of his right to counsel. Court properly granted Defendant’s motion to suppress his statement. Once a suspect unambiguously and unequivocally invokes his right to counsel, police must not question him as to any matter unless he has unambiguously and unequivocally placed that matter outside the scope of his invocation of right to counsel. (OVERSTREET and WELCH, concurring.)
Illinois Appellate Court
Criminal Court
Right to Counsel