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STATE v. HARRIS

No. 05-1521.

741 N.W.2d 1 (2007)

STATE of Iowa, Appellee v. Kevin Kawanzel HARRIS, Appellant.

Supreme Court of Iowa.

Rehearing Denied September 27, 2007.

Attorney(s) appearing for the Case

Mark C. Smith, State Appellate Defender, and Dennis D. Hendrickson, Assistant Appellate Defender, for appellant.

Thomas J. Miller, Attorney General, Richard J. Bennett, Assistant Attorney General, Harold Denton, County Attorney, and Susan Nehring, Assistant County Attorney, for appellee.

STREIT, Justice.

What does a suspect in custody need to do to invoke his right to an attorney? He just needs to ask for one. In the present case, the suspect repeatedly requested to speak with an attorney. Instead of ending the interrogation, the detective responded "You don't trust us enough to do it without a lawyer?" We find Kevin Harris's Fifth Amendment right to the presence of an attorney was violated when the detective continued to interrogate him after he...

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