orozco texas argued february decided march use admissions petitioner trial murder obtained officers custody bedroom boardinghouse lived questioned incriminating facts without first informing rights remain silent lawyer advice making statement lawyer appointed assist afford hire one held violated clause fifth amendment made applicable fourteenth miranda arizona pp reversed charles tessmer argued cause filed brief petitioner lonny zwiener assistant attorney general texas argued cause respondent brief crawford martin attorney general nola white first assistant attorney general hawthorne phillips executive assistant attorney general robert flowers assistant attorney general geppert justice black delivered opinion petitioner reyes arias orozco convicted criminal district dallas county texas murder without malice sentenced serve state prison less two years criminal appeals texas affirmed conviction rejecting petitioner contention material part evidence obtained violation provision fifth amendment constitution made applicable fourteenth amendment person shall compelled criminal case witness evidence introduced trial showed petitioner deceased quarreled outside el farleto cafe dallas shortly midnight date shooting deceased apparently spoken petitioner female companion inside restaurant heat quarrel outside deceased said beaten petitioner face called mexican grease shot fired killing deceased petitioner left scene returned boardinghouse sleep four police officers arrived petitioner boardinghouse admitted unidentified woman told petitioner asleep bedroom four officers entered bedroom began question petitioner moment gave name according testimony one officers petitioner free go pleased arrest officers asked el farleto restaurant night answered yes asked owned pistol petitioner admitted owning one asked second time pistol located admitted washing machine backroom boardinghouse ballistics tests indicated gun found washing machine gun fired fatal shot petitioner trial held effective date decision miranda arizona trial allowed one officers objection petitioner lawyer relate statements made petitioner concerning gun petitioner presence scene shooting trial testimony clearly shows officers questioned petitioner incriminating facts without first informing right remain silent right advice lawyer making statement right lawyer appointed assist afford hire one texas criminal appeals held one judge dissenting admission testimony concerning statements petitioner made without warnings precluded miranda disagree hold use admissions obtained absence required warnings flat violation clause fifth amendment construed miranda state argued since petitioner interrogated bed familiar surroundings miranda holding apply true say miranda compulsion speak isolated setting police station may well greater courts official investigations often impartial observers guard intimidation trickery opinion iterated reiterated absolute necessity officers interrogating people custody give described warnings see mathis according officer testimony petitioner arrest free leave questioned bedroom early hours morning miranda opinion declared warnings required person interrogated custody station otherwise deprived freedom action significant way emphasis supplied decision miranda reached careful consideration lengthy opinions announced majority dissenting justices need canvass arguments dissent implies expand extend slightest extent miranda decision adhere holding case therefore reverse conviction reversed footnotes see johnson new jersey state appears urge petitioner miranda claim unreviewable objection made trial counsel officer testimony sufficiently specific fail perceive adequate state ground view fact texas criminal appeals specifically decided introduction petitioner statement made officers precluded miranda state arizona dissenting judge thought light apparent misunderstanding point perhaps appropriate point reversal conviction based part unconstitutional evidence leaves state free retry defendant without tainted evidence justice harlan concurring passage time made miranda case palatable case decided see dissenting opinion justice white miranda arizona yet despite strong inclination join dissent brother white find acceptable avenue escape miranda judging case especially light mathis already extended miranda rules beyond police station protest justice stewart white therefore purely respect stare decisis reluctantly feel compelled acquiesce today decision time observing constitutional condemnation perfectly understandable sensible proper indeed commendable piece police work highlights unsoundness miranda justice white justice stewart joins dissenting decision carries rule miranda arizona new unwarranted extreme continue believe original rule amounted constitutional straitjacket law enforcement justified neither words history constitution reasonable view likely benefits rule disadvantages even accepting miranda extends rule draws straitjacket even tighter opinion miranda devoted large part elaborate discussion subtle forms psychological pressure brought bear accused person interrogated length unfamiliar surroundings salient features cases decided miranda incommunicado interrogation individuals atmosphere danger circumstances confidence prisoner eroded techniques successive interrogations police acting friendly unfriendly roles techniques best developed isolation unfamiliar surroundings take time major qualities interrogator possess patience perseverance ibid techniques extended period isolation repeated interrogation cajolery trickery often enough produced admissions actually coerced traditional sense new safeguards deemed essential difficult believe requirements laid essential prevent compulsion every conceivable case station house interrogation defendant lawyer policeman professional criminal otherwise become aware right silence sheer fancy assert answer every question asked compelled unless advised rights already intimately familiar warrant miranda rests likelihood sufficient number cases exposure station house practices result compelled confessions additional safeguards imposed cases prevent possible erosion fifth amendment values hence detailed ritual miranda fashioned extends rules instances questioning outside station house arrest occurs application miranda automatic rule simple ignores purpose miranda guard thought corrosive influence practices station house interrogation makes feasible wholly ignores question whether similar hazards exist even possible police arrest interrogate spot whether street corner home case predicate laid believing practices outside station house normally prolonged carried isolation often productive physical psychological coercion made much miranda difficult imagine police duplicating person home street conditions practices found prevalent station house thought threatening right silence without demonstration miranda hardly reaches case cases similar prolonged interrogation unfamiliar surroundings opportunity police invoke procedures moved majority miranda fact conversation accounts brief one according uncontradicted testimony petitioner awake officers entered room asked four questions name whether el farleto whether owned pistol gave name said el farleto admitted owned pistol without hesitation slow telling pistol question repeated took police nearby washing machine gun hidden unquestioned sequence events totality constitute coercion traditional sense lead view admissions involuntary within meaning rules even adjudicate claims coercion relating trials realistically orozco refused answer questions asked seems unlikely prolonged interrogation followed petitioner quarters nothing similar station house model invoked occurred police petitioner name description ample evidence night club suspected gun surely refused give name answer questions arrested anyway searched house found gun clearly admissible relevant authorities insists case reversed failure give miranda warnings accept dilution custody requirements miranda level hazards right silence equivocal unsupported experience recurring number cases orozco apprehended familiar quarters questioning brief admissions made backed evidence case involve confession innocent man even guilty man confession wrung physical abuse modern psychological methods discussed miranda simply terse remarks man caught almost act even reason encourage suspects consult lawyers tell silent quizzing station house reason police field preface every casual question suspect full panoply miranda warnings danger coercion simply present circumstances answers questions may often clear suspect help convict miranda warnings intended effect police able get answers suspects innocent guilty without arresting great many innocent men making unnecessary trips station house ultimately may necessary arrest man bring police station provide lawyer discover name even man innocent process unpleasant one since extension miranda rule takes territory even rationale originally disappears dissent memorandum justice stewart although much said justice harlan position join brother white dissent seems us dissented miranda arizona remain free express continuing disagreement decision also oppose broadening impact