When Can Police Question You Without a Lawyer? – Moran v. Burbine Explained

Welcome back to Lawyer Talk! In this deep-dive episode, host Steve Palmer and law student Troy unpack the realities of a suspect’s right to counsel during police interrogations. Contrasting popular TV drama depictions with what really happens when the police want to question someone in custody.

What Really Happens When the Police Want to Question You?

If you—or someone you care about—gets arrested, you might imagine a lawyer dramatically bursting into the police interrogation room to rescue the day. But as Steve Palmer and Troy explain starting at 00:02, reality is much different. Lawyers are routinely denied access to individuals in custody before formal charges are filed, no matter how many times family members call or how urgently attorneys demand to be present.

Moran v. Burbine: The Case That Changed Everything

Much of the law on this issue stems from the 1986 U.S. Supreme Court case Moran v. Burbine (01:06). Steve Palmer and Troy break down the facts: Burbine was picked up for a breaking and entering, but police suspected him of murder. His sister, unaware of the murder investigation, contacted the public defender’s office, who then called the police to say “Don’t question him, he’s got a lawyer” (02:14). The police lied, saying they wouldn’t interrogate Burbine until the next day. Instead, they immediately questioned him, obtained a waiver of Miranda rights, and got three separate confessions.

Unbeknownst to Burbine, an attorney was trying to intervene on his behalf the entire time. According to Steve Palmer, this led to a key ruling: the Sixth Amendment right to counsel does not attach until formal adversarial proceedings begin—typically at arraignment or when formal charges are filed (04:07). As long as police aren’t violating Miranda requirements and the suspect hasn’t affirmatively requested an attorney, questioning can proceed—with or without lawyer intervention (04:36).

The Real Limits of Your Rights

What about asking for “someone” or saying you “should probably talk to somebody” before answering questions? As Troy and Steve Palmer clarify, that’s NOT enough (07:10). You must clearly state, “I want a lawyer.” Only then are police legally required to stop questioning (08:50).

Even if police violate Miranda, the remedy is limited: your statements get suppressed and can’t be used in the prosecution’s case-in-chief. However, cops can use what you tell them to hunt for other evidence—and if you take the stand at trial and your story changes, those suppressed statements can sometimes be used to impeach you (06:03, 06:51).

After Formal Charges: A Different Ballgame

Once formal charges have been filed, and a lawyer enters an appearance, everything changes (10:23). Any further police attempts to talk to the suspect—about the crime in question—violate the Sixth Amendment and result in evidence suppression, regardless of a Miranda waiver.

Takeaways

• Don’t trust TV: Lawyers can’t simply storm into the interrogation room at the police station and stop questioning.
• Miranda Rights: You must say, “I want a lawyer.” Anything short of that leaves you vulnerable to continued questioning (08:50).
• Suppression is limited: Police can’t use suppressed statements directly, but indirect, “derivative” evidence found as a result can often be used (06:07).
• After indictment/charges: Your right to counsel is firmly established, and any police interview must go through your attorney (10:23).

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Recorded at Channel 511.

Stephen E. Palmer, Esq. has been practicing criminal defense almost exclusively since 1995. He has represented people in federal, state, and local courts in Ohio and elsewhere.

Though he focuses on all areas of criminal defense, he particularly enjoys complex cases in state and federal courts.

He has unique experience handling and assembling top defense teams of attorneys and experts in cases involving allegations of child abuse (false sexual allegations, false physical abuse allegations), complex scientific cases involving allegations of DUI and vehicular homicide cases with blood alcohol tests, and any other criminal cases that demand jury trial experience.

Steve has unique experience handling numerous high-publicity cases that have garnered national attention.

For more information about Steve and his law firm, visit Palmer Legal Defense.

Copyright 2026 Stephen E. Palmer - Attorney At Law

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Circle 270 Media Podcast Consultants

Circle 270 Media® is a podcast consulting firm based in Columbus, Ohio, specializing in helping businesses develop, launch, and optimize podcasts as part of their marketing strategy. The firm emphasizes the importance of storytelling through podcasting to differentiate businesses and engage with their audiences effectively. www.circle270media.com