How long does the prohibition against questioning last after a detainee invokes their right to counsel?

The correct answer is that the prohibition against questioning lasts for 14 days after a detainee is released from custody. This 14-day period is a crucial element in maintaining the integrity of the right to counsel as established by the Supreme Court in cases interpreting the Miranda rights and the Sixth Amendment.

When an individual invokes their right to counsel, law enforcement is generally required to cease questioning. If that individual is released from custody, the law recognizes a significant interest in ensuring that the individual has adequate time and space to consult with counsel before potentially waiving that right again. The 14-day period serves as a standard buffer to prevent any coercive tactics that could undermine the individual's ability to make an informed decision about whether to speak with law enforcement.

During those 14 days, should the individual be questioned without counsel present, any evidence or statements obtained could likely be deemed inadmissible in court. This ruling underscores the protection against self-incrimination and the fundamental right to legal representation, reinforcing the principle that individuals should not be pressured or misled into waiving their rights shortly after asserting them.

This detailed approach ensures that individuals maintain their right to counsel, upholding fundamental protections in the criminal justice system.