Question

A suspect who has an attorney is asked to wavier his or her Miranda rights during the first interrogation. Although the attorney is not present, the suspect voluntarily and intelligently waivers all Miranda rights. This waiver

a) is invalid because the attorney is not present
b) is invalid because the police must allow the suspect to consult with an attorney before asking for a waiver
c) is valid because a suspect who has already has an attorney loses the Miranda right to an attorney
d) is valid

Answer 1

A suspect's waiver of Miranda rights is valid if made voluntarily and intelligently, even without an attorney present, per Montejo v. Louisiana. option d is answer

Step-by-step explanation:

The question pertains to the validity of a Miranda waiver when a suspect with an attorney waives their rights during an interrogation without the attorney present. Under Miranda v. Arizona, the police are required to inform suspects of their rights before interrogation, and suspects are entitled to an attorney during questioning.

In Montejo v. Louisiana, the U.S. Supreme Court held that a defendant may waive their right to counsel during a police interrogation even after asserting that right at an arraignment or similar proceeding. Therefore, a waiver of Miranda rights is considered valid even without the presence of an attorney, as long as the waiver is made voluntarily and intelligently. option d is answer