People v. Ramos, 99 N.Y.2d 727 (2002)
The right to counsel does not attach unless the police questioning a suspect know or should have known that the suspect is represented by counsel in any matter or that an attorney has communicated with them for the purpose of representing the suspect.
Summary
The New York Court of Appeals held that a defendant’s statements to police were admissible because, although a Legal Aid lawyer had faxed letters to the State Police and District Attorney asserting the defendant’s right to counsel and silence, the local police department that arrested and questioned the defendant was unaware of these communications. The Court reasoned that the police must have actual or constructive knowledge of the attorney’s representation for the right to counsel to attach and preclude questioning.
Facts
The defendant had an unrelated case pending and was represented by a Legal Aid lawyer. After learning the defendant was wanted for murder, the Legal Aid lawyer faxed letters to the New York State Police and the Orange County District Attorney, asserting the defendant’s right to remain silent and to counsel. The lawyer did not contact the Monticello or Newburgh Police Departments. The Monticello Police arrested the defendant and notified the Newburgh Police. A detective from Newburgh picked up the defendant. The defendant waived his Miranda rights and made incriminating statements to the detective.
Procedural History
The defendant sought to suppress the statements made to the Newburgh Police, arguing his right to counsel had been violated. The trial court denied the motion. The Appellate Division affirmed the trial court’s decision. The New York Court of Appeals affirmed the Appellate Division’s order.
Issue(s)
Whether the defendant’s right to counsel was violated when police questioned him after an attorney, who represented him in an unrelated matter, sent letters to other law enforcement agencies asserting his right to counsel and silence, but without notifying the police department conducting the interrogation.
Holding
No, because the police department questioning the defendant was not informed and could not be charged with the knowledge that the defendant had a lawyer who was asserting his rights.
Court’s Reasoning
The Court of Appeals relied on People v. Arthur, which held that “[o]nce the police know or have been apprised of the fact that the defendant is represented by counsel or that an attorney has communicated with the police for the purpose of representing the defendant, the accused’s right to counsel attaches.” The Court distinguished this case, finding that the Newburgh Police Department was unaware of the Legal Aid lawyer’s communications to the State Police and the District Attorney. The Court stated, “A lawyer may not prevent the police from questioning a suspect by communicating only with law enforcement agencies not involved in the investigation.” The Court emphasized the importance of notice to the specific law enforcement agency conducting the interrogation. Because the Newburgh police “d[id] not know and [could]not be charged with knowledge that the suspect has a lawyer, the officer has no obligation to refrain from asking questions.”