If subject re-approaches what do you need to ask?

• A. Do you want to continue speaking?
• B. Are you revoking your previous invocation?
• C. Have you consulted counsel?
• D. Do you consent to questioning?

Answer: (B)

When someone who previously invoked their right to counsel re-approaches, the key question is whether they are revoking that invocation. The best thing to ask is: Are you revoking your previous invocation? This directly sets whether interrogation may resume without counsel, which is the critical step in applying Miranda and related case law.

Why this is the right move: once a suspect invokes the right to counsel, questioning must stop until the invocation is withdrawn or the suspect themselves initiates further discussion. Asking if they are revoking the invocation confirms their current intent and determines if the police may resume questioning, or if counsel is still required. This protects the suspect’s rights and avoids misreading a re-approach as an automatic waiver.

Why the other options aren’t as precise: asking to continue speaking assumes the suspect wants to waive rights, which requires a clear, unequivocal waiver and isn’t as reliable a trigger as confirming revocation of the invocation. Asking if they’ve consulted counsel or asking for consent to questioning addresses related issues, but they don’t directly determine whether the invocation has been revoked and whether interrogation can proceed.