Montejo is giving me headaches. Can someone confirm that I am understanding this correctly? Apparently my professor doesn't respond to emails.
After Montejo cops are only barred from approaching the D. once he actually invokes the right to counsel (under Miranda standards) but if the right has merely attached and has not been expressly invoked or if he gives a valid miranda waiver (which is low bar), then they can continue to seek information in the absence of counsel. And this is significant because under Jackson, the bar existed as soon as the right attached regardless of whether it had been expressly invoked or not. Is this right?
This was my understanding as well. Reading Patterson
might help as it more or less says the same thing, and in my opinion, it is written more clearly.