Id. at 1179. In Commonwealth v D'Entremont, 36 Mass App 474, 475; 632 NE2d 1239 (1994), the defendant was arrested for rape and placed in a jail cell after invoking his right to remain silent and to have counsel present. A detective subsequently interviewed the victim and then went to the defendant’s cell. Id. The detective informed the defendant that she had interviewed the victim and that she knew the defendant had advised the police earlier that he did not want to talk, but if he changed his mind, then she would be willing to speak with him. The defendant informed the detective that he wanted to tell his side of the story. Id. The dete 163 (1982) (finding that inquiries about counsel do not constitute interrogation); Foster v Commonwealth, 8 Va App 167, 174; 380 SE2d 12 (1989) (<HOLDING>). In light of the foregoing authorities, we
holding that once a suspect has requested counsel interrogators may not reinitiate questioning unless the attorney is present regardless of whether or not there has been an outside consultation holding that fifth amendment protection against selfincrimination requires police to notify suspect of right to counsel and to cut off interrogation once suspect invokes the right absent counsel further interrogation may not occur unless suspect initiates subsequent conversation if police initiate subsequent interrogation there can be no valid waiver of counsel even though police advise suspect of his or her constitutional rights and suspect acquiesces in the interrogation holding that police officers had probable cause to arrest a suspect where the facts suggest a fair probability that the suspect has committed a crime holding that once a suspect has invoked his right to counsel police may still legitimately inquire whether the suspect has changed his mind about speaking to them without an attorney holding that the interrogation must cease once the suspect invokes his miranda right to counsel