Don’t give up your right to remain silent!

in State v. Melendez, App. Div. pub 2011.  the court held that the same “exigent circumstances” that permit the pre-Miranda interrogation of a defendant, permit the police to question a defendant after he or she has invoked the right to counsel, but that the there was an insufficient basis to apply the public-safety exception in this case. YOu would think the defendant was home safe at that point and his statememt woul not come in.  But no.  The court then held that defendant waived his right to counsel, independent of the initially tainted interrogation.  Moral is… don’t give up your right to counsel …and just remain silent!