Full case name Davis v. United States Concurrence Scalia | Citations 512 U.S. 452 (more) | |
Majority O'Connor, joined by Rehnquist, Scalia, Kennedy, Thomas Concurrence Souter, joined by Blackmun, Stevens, Ginsburg | ||
Davis v. United States, 512 U.S. 452 (1994), was a United States Supreme Court case in which the Court established that the right to counsel can only be legally asserted by an "unambiguous or unequivocal request for counsel."
Contents
Factual background
Davis, a member of the United States Navy, murdered another sailor when the victim refused to pay a $30 debt that was incurred by losing a game of pool. The victim was beaten to death with a pool cue. Only personally-owned pool cues could be taken from the pool hall and Davis owned two pool cues. Naval investigators found blood on Davis's pool cue and several people stated that they had heard Davis confess to the murder. Davis was taken into custody by Naval investigators and read his rights under Miranda. Davis confessed during the interrogation and then made an ambiguous request for an attorney by saying, "Maybe I should talk with an attorney." The investigators asked him if he did want one and he said, "No."
Ruling
The Supreme Court ruled that an ambiguous and unclear request for an attorney does not establish the right.
The reasoning was that the defendant's rights under Edwards were not sufficiently requested under these facts. The request for an attorney must be clear and unambiguous.