For uncharged suspects in custody, what is required to re-initiate contact after the right to counsel is invoked?

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When a suspect in custody invokes their right to counsel, any further interrogation or contact about the case must generally cease until an attorney is present. To resume contact with a suspect who has previously invoked this right, the consent of their counsel is necessary. This requirement upholds the protections afforded to the suspect under the Fifth Amendment and ensures that their right to legal representation is honored.

Granting a suspect's counsel the authority over future communication respects the legal framework designed to prevent coercive interrogation without legal oversight. Essentially, this safeguard helps to ensure that the suspect's interests are protected and that they are not unduly pressured into waiving their rights or making statements without counsel present.

In contrast, options that suggest the need for the suspect's approval, no approval, or judicial approval do not align with the established legal principles governing the right to counsel once it has been invoked. The decision relies primarily on ensuring the involvement of legal representation, thereby underscoring the importance of counsel in protecting the rights of individuals in custody.

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