The police interrogated Brandon Philpot, during which Mr. Philpot made a vague request for his attorney by asking if the officers would like the attorney’s phone number. As the questioning continued, Mr. Philpot more directly addressed the issue of his lawyer by telling the officers to contact him or contact him through Mr. Philpot’s girlfriend. The police continued interrogating the defendant, and one of the officers explained that they were unable to transport the attorney at that time in an attempt to compel more information from the defendant.
Fulton Superior Court addressed Mr. Philpot’s right to counsel and allowed his motion to suppress his confession to the “crimes associated with murder and four aggravated assaults during an armed robbery.”
The Supreme Court of Georgia reviewed the case and agreed with the trial court, noting that Mr. Philpot definitely invoked his right to counsel and did not attempt to begin conversations with the police officers.
Georgia’s Supreme Court Determines Merger of Assault and Battery