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News Link • Bill of Rights

FBI hints at OK to question terror suspects who ask for lawyer

 The February 2011 article by a lawyer and instructor at the FBI Academy, Carl Benoit, points to two federal appeals court rulings that concluded such questioning was constitutional and that evidence obtained as a result could be used in court. The article (posted here) appeared in the Law Enforcement Bulletin, an FBI publication aimed at "the larger policing community."

Citing a senior Congressional aide, the Los Angeles Times reported last week that Tsarnaev "asked several times for a lawyer, but that request was ignored."

A Justice Department spokesman declined to comment on that claim or to discuss the agency's policy on that point. An FBI spokesman did not respond to an inquiry on the issue.

The first case cited in the FBI-published article is a 1989 ruling from the 9th Circuit in which a convicted heroin dealer asserted he'd asked for a lawyer before he told inquiring U.S. Marshals that he had a gun in his home.

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