Final answer:
A defendant can waive their right to counsel after invoking it, according to Montejo v. Louisiana. Police can thus provide an opportunity for the defendant to voluntarily waive this right. The waiver must be informed and uncoerced to be valid.
Step-by-step explanation:
The question concerns the rights of a defendant during a police interrogation, specifically after they have invoked their right to legal counsel. According to the Supreme Court ruling in Montejo v. Louisiana, a defendant can waive their right to counsel during a police interrogation, even after initially asserting that right at an arraignment or similar proceeding. This means police can initiate contact with the defendant to provide an opportunity for them to waive their right to legal representation. However, the police must make sure that the defendant is fully aware of their rights and the waiver must be made voluntarily, knowingly, and intelligently.
In Miranda v. Arizona, the court established that police must advise suspects of their rights before an interrogation, and in the event that a suspect invokes their right to remain silent or to an attorney, the interrogation must cease. The Court’s decision in Michigan v. Jackson underscored that any waiver of the right to counsel after a defendant asserted that right at an arraignment is invalid; however, this was later overruled by Montejo v. Louisiana. These cases highlight the delicate balance between a defendant's constitutional rights and the procedures of law enforcement.