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Most Americans were familiar with their Miranda rights; they’d heard the words recited so often on the plethora of police and detective shows populating television, they could recite their Miranda rights from memory. What most didn’t know was their right to an attorney was guaranteed by the Fifth Amendment, but only during a criminal interrogation, and only if the person was taken into police custody—the right was intended to prevent coercion and intimidation. Even fewer knew the Sixth Amendment embodied a second constitutional right to counsel when a prosecutor commenced a criminal prosecution by filing a complaint, or the suspect was indicted by a grand jury. The fallacy most Americans harbored was that they could simply shout, “I want a lawyer!” when confronted by a police officer, and the officer couldn’t talk to them. Not so. In fact, in the absence of a criminal charge, and so long as they didn’t take Strickland into custody, Tracy and Kins could talk to him until the cows came home. For now, however, Tracy was content to humor Montgomery.
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