north carolina butler argued march decided april respondent arrest certain crimes advised rights miranda arizona made incriminating statements arresting officers motion suppress evidence statements ground waived right assistance counsel time statements made denied north carolina trial subsequently convicted north carolina reversed holding miranda requires statement person custodial interrogation may admitted evidence unless time statement made explicitly waived right presence lawyer held explicit statement waiver invariably necessary support finding defendant waived right counsel guaranteed miranda case question waiver must determined particular facts circumstances surrounding case reason case per se rule north carolina creating inflexible rule implicit waiver ever suffice gone beyond requirements federal organic law thus judgment stand since state neither add subtract mandates constitution pp vacated remanded stewart delivered opinion burger white blackmun rehnquist joined blackmun filed concurring statement post brennan filed dissenting opinion marshall stevens joined post powell took part consideration decision case lester chalmers special deputy attorney general north carolina argued cause petitioner brief rufus edmisten attorney general donald stephens thomas moffitt assistant attorneys general gene braswell appointment argued cause filed brief respondent briefs amici curiae urging reversal filed solicitor general mccree assistant attorney general heymann john voorhees frank carrington wayne schmidt fred inbau americans effective law enforcement et al justice stewart delivered opinion evident conflict present view every considered issue north carolina held miranda arizona requires statement person custodial interrogation may admitted evidence unless time statement made explicitly waived right presence lawyer granted certiorari consider whether per se rule reflects proper understanding miranda decision respondent convicted north carolina trial kidnaping armed robbery felonious assault evidence trial showed man named elmer lee robbed gas station goldsboro december shot station attendant attempting escape attendant paralyzed survived testify respondent prosecution also produced evidence incriminating statements made respondent shortly arrest federal bureau investigation agents bronx basis north carolina fugitive warrant outside presence jury fbi agent martinez testified time arrest fully advised respondent rights delineated miranda case according uncontroverted testimony martinez agents took respondent fbi office nearby new rochelle agents determined respondent grade education literate given bureau advice rights form read asked understood rights replied respondent refused sign waiver bottom form told need neither speak sign form agents like talk respondent replied talk signing form made inculpatory statements agent martinez testified respondent said nothing advised right assistance lawyer time respondent request counsel attempt terminate agents questioning conclusion testimony respondent moved suppress evidence incriminating statements ground waived right assistance counsel time statements made denied motion finding statement made defendant william thomas butler agent david martinez made freely voluntarily said agent advised rights required miranda ruling including right attorney present time inquiry defendant butler understood rights effectively waived rights including right attorney present questioning indication willing answer questions read rights form together waiver rights app appeal north carolina reversed convictions ordered new trial found statements admitted violation requirements miranda decision noting respondent refused waive writing right counsel present specific oral waiver least two earlier cases read miranda opinion provid ing plain language waiver right counsel interrogation recognized unless waiver specifically made miranda warnings given conclude north carolina erred reading miranda opinion said interrogation continues without presence attorney statement taken heavy burden rests government demonstrate defendant knowingly intelligently waived privilege right retained appointed counsel express statement individual willing make statement want attorney followed closely statement constitute waiver valid waiver presumed simply silence accused warnings given simply fact confession fact eventually obtained ibid express written oral statement waiver right remain silent right counsel usually strong proof validity waiver inevitably either necessary sufficient establish waiver question one form rather whether defendant fact knowingly voluntarily waived rights delineated miranda case unequivocally said miranda mere silence enough mean defendant silence coupled understanding rights course conduct indicating waiver may never support conclusion defendant waived rights courts must presume defendant waive rights prosecution burden great least cases waiver clearly inferred actions words person interrogated opinion miranda explained reasons prophylactic rules created concluded without proper safeguards process interrogation persons suspected accused crime contains inherently compelling pressures work undermine individual resist compel speak otherwise freely order combat pressures permit full opportunity exercise privilege accused must adequately effectively apprised rights exercise rights must fully honored see reason discard standard replace inflexible per se rule case stated outset opinion appears every considered question reached conclusion ten eleven courts appeals courts least held explicit statement waiver invariably necessary support finding defendant waived right remain silent right counsel guaranteed miranda case creating inflexible rule implicit waiver ever suffice north carolina gone beyond requirements federal organic law follows judgment stand since state neither add subtract mandates constitution oregon hass accordingly judgment vacated case remanded north carolina proceedings inconsistent opinion ordered footnotes dissenting opinion points post oral argument respondent counsel disputed fact respondent literate trial specifically found determined agent martinez defendant eleventh grade education read write app finding based upon uncontroverted evidence binding respondent admitted agents lee drinking heavily day robbery acknowledged decided rob gas station denied actually participated robbery friend said shot attendant see state siler case north carolina adhered interpretation miranda first expressed blackmon acknowledged might find waiver without express written oral statement defendant subsequent comments revealed earlier silence meant waiver although siler cited state present case portion siler opinion discussed today even remotely question holding carnley cochran specifically approved miranda opinion case decided gideon wainwright held defendant constitutional right counsel fourteenth amendment florida presumed right waived evidence record requested counsel refused allow presumption waiver silent record said record must show must allegation evidence show accused offered counsel intelligently understandingly rejected offer statement consistent decision today merely may find intelligent understanding rejection counsel situations defendant expressly state much speaks cai boston stuckey blackmon blackledge hayes cavallino montos ganter marchildon hughes swenson hilliker bond see sullins cooper app blackmon blackledge supra appeals fourth circuit specifically rejected north carolina inflexible view express waivers miranda rights valid courts appeals unanimously rejected similar argument refusal sign written waiver form precludes finding waiver see speaks supra boston supra stuckey supra thompson caulton crisp zamarripa supra bond supra cooper supra sullivan state crim app cert denied state pineda state ex rel berger superior people johnson cal reversing lower grounds people weaver reed people state craig peek state people brooks state wilson state hazelton miller state md commonwealth murray mass state alewine mo burnside state mo shirey state crim app state davidson commonwealth garnett bowling state crim app state young see also aaron state del state nelson land commonwealth reversing lower grounds token must accept whatever construction state constitution placed upon highest state justice blackmun concurring join opinion joinder however rests assumption citation johnson zerbst ante meant suggest intentional relinquishment known right formula formula zerbst articulated determining waiver vel non fundamental constitutional rights relevance determining whether defendant waived right presence lawyer ante miranda prophylactic rule justice brennan justice marshall justice stevens join dissenting miranda arizona held effective waiver right counsel interrogation recognized unless specifically made warnings delineate given emphasis added support holding found carnley cochran held absence allegation affirmative waiver disputed fact question requiring hearing emphasis added allegation affirmative waiver case concedes respondent refused sign waiver form said nothing advised right assistance lawyer ante thus disputed fact question requiring hearing trial erred holding one absence affirmative waiver form express written oral statement north carolina correctly granted new trial therefore affirm decision rule announced today allows finding waiver based upon infer ence actions words person interrogated ante thus shrouds question waiver allowing courts construct inferences ambiguous words gestures premise miranda requires ambiguity interpreted interrogator premise recognition compulsion inherent custodial interrogation purpose subjugate individual examiner conditions explicit waivers rights considered knowingly freely given instant case presents clear example need express waiver requirement acknowledges disagreement whether respondent orally advised rights time made statement fact butler received written copy rights deemed sufficient basis resolve disagreement unfortunately also dispute whether butler read see tr oral arg obviously butler rights read read basis upon conclude knowingly waived indeed even butler read reason believe oral statements followed refusal sign written waiver form intended signify relinquishment rights faced actions words uncertain meaning judges may find waivers none occurred others may fail find former case defendant rights violated latter society interest effective law enforcement frustrated simple prophylactic rule requiring police obtain express waiver right counsel proceeding interrogation eliminates difficulties since agrees miranda requires police obtain kind waiver whether express implied requirement express waiver impose burden police imposed interpretation merely make burden explicit agent martinez simply elicited clear answer willie butler question waive right lawyer journey three courts necessary whether butler orally advised rights time interrogation rather orally advised scene arrest relevant basic issue case ante fact butler received oral warnings upon arrest bronx establish understood rights applied interrogation conducted new rochelle particularly since told latter sign advice rights form agent like talk indeed argue earlier oral recitation sufficient rather cites addition butler receipt written advice rights form however butler read oral warnings ones mattered thus becomes highly relevant whether told rights time interrogated