The People of the State of New York v. Ollman Lopez

Summary

The Court held that when a detainee is in custody on a charge for which counsel has entered, police must make a reasonable inquiry into the detainee’s representational status if the circumstances indicate a probable likelihood of counsel; failure to do so violates the indelible right to counsel, but the violation was harmless beyond a reasonable doubt, so the conviction was affirmed. The Court also declined to revive the discredited derivative‑right doctrine. Justice Smith, in a concurring opinion, argued that the rule should be limited to its original facts and that the defendant’s waiver was valid.