michigan jackson argued december decided april together michigan bladel also certiorari respondents separate arraignments michigan trial unrelated murder charges requested appointment counsel respondents opportunity consult counsel police officers advising respondents miranda rights questioned obtained confessions respondents convicted objections admission confessions evidence michigan appeals reversed remanded one case affirmed michigan considered cases together held confessions improperly obtained violation sixth amendment held confessions suppressed although rule edwards arizona suspect invoked right counsel police may initiate interrogation counsel made available suspect rested fifth amendment concerned request counsel made custodial interrogation reasoning case applies even greater force cases assertion right counsel less significant need additional safeguards less clear assertion made arraignment basis sixth amendment police initiate interrogation defendant assertion right counsel arraignment similar proceeding cases waiver right interrogation invalid pp affirmed stevens delivered opinion brennan white marshall blackmun joined burger filed opinion concurring judgment post rehnquist filed dissenting opinion powell joined post brian thiede argued cause petitioner cases filed brief petitioner john timothy baughman george best ii filed brief petitioner james krogsrud appointment argued cause respondent brief james neuhard ronald bretz appointment argued cause filed brief respondent justice stevens delivered opinion edwards arizona held accused person custody expressed desire deal police counsel subject interrogation authorities counsel made available unless accused initiates communication exchanges conversations police solem stumes reiterated edwards established rule safeguard rights suspect invoked right counsel subsequent conversation must initiated question presented two cases whether rule applies defendant formally charged crime requested appointment counsel arraignment cases michigan held postarraignment confessions improperly obtained sixth amendment violated defendants requested counsel arraignments afforded opportunity consult counsel police initiated interrogations agree holding relevant facts may briefly stated respondent bladel convicted murder three railroad employees amtrak station jackson michigan december bladel disgruntled former employee arrested january questioned two occasions released january arrested march agreed talk police evening without counsel following morning friday march bladel arraigned requested counsel appointed indigent detective charge bladel investigation present arraignment notice appointment promptly mailed law firm law firm receive tuesday march interim march two police officers interviewed bladel county jail obtained confession prior questioning officers properly advised bladel miranda rights although inquired representation several times since arraignment bladel told law firm appointed represent trial overruled bladel objection admissibility four statements appeal conviction sentence bladel challenged postarraignment confession michigan appeals first rejected challenge affirmed conviction app reconsideration light recent decision state reversed remanded new trial app michigan granted prosecutor application leave appeal considered case respondent jackson appeal conviction respondent jackson convicted murder conspiracy commit murder one four participants wife plan husband killed july arrested unrelated charge july made series six statements response police questioning prior arraignment august arraignment jackson requested counsel appointed police involved investigation present arraignment following morning opportunity consult counsel two police officers obtained another statement jackson confirm person shot victim true six prearraignment statements questioning preceded advice miranda rights jackson agreement proceed without counsel present michigan appeals held seventh statement properly received evidence app distinguished edwards ground jackson request attorney made arraignment whereas edwards request made custodial interrogation police accordingly affirmed jackson conviction murder although set aside conspiracy conviction unrelated grounds michigan held postarraignment statements cases suppressed noting sixth amendment right counsel attached time arraignments concluded edwards rule applies analogy situations accused requests counsel arraigning magistrate request occurs police may conduct interrogations counsel made available accused unless accused initiates communications exchanges conversations police police simply ignore defendant unequivocal request counsel omitted granted certiorari affirm ii question whether respondents right counsel postarraignment custodial interrogations existence right clear two sources fifth amendment protection compelled provides right counsel custodial interrogations edwards miranda arizona sixth amendment guarantee assistance counsel also provides right counsel postarraignment interrogations arraignment signals initiation adversary judicial proceedings thus attachment sixth amendment gouveia thereafter government efforts elicit information accused including interrogation represent critical stages sixth amendment applies maine moulton henry brewer williams massiah question cases whether respondents validly waived right counsel postarraignment custodial interrogations edwards request counsel made police custodial interrogation basis holding fifth amendment privilege compelled noted relevance various sixth amendment precedents found unnecessary rely possible applicability sixth amendment cases request counsel made judge arraignment basis michigan opinion sixth amendment guarantee assistance counsel state argues edwards rule apply circumstances legal differences basis claims factual differences contexts claims respondents signed valid waivers right counsel postarraignment custodial interrogations consider contentions turn state contends differences legal principles underlying fifth sixth amendments compel conclusion edwards rule apply sixth amendment claim edwards flows fifth amendment right counsel custodial interrogations state argues relevance sixth amendment provision assistance counsel far less clear thus edwards principle assessing waivers unnecessary inappropriate opinion however reasons prohibiting interrogation uncounseled prisoner asked help lawyer even stronger formally charged offense state argument misapprehends nature pretrial protections afforded sixth amendment gouveia explained significance formal accusation corresponding attachment sixth amendment right counsel iven plain language amendment purpose protecting unaided layman critical confrontations adversary conclusion right counsel attaches initiation adversary judicial criminal proceedings far mere formalism kirby illinois time government committed prosecute adverse positions government defendant solidified defendant finds faced prosecutorial forces organized society immersed intricacies substantive procedural criminal law indeed formal accusation made person previously suspect become accused within meaning sixth amendment constitutional right assistance counsel importance police may longer employ techniques eliciting information uncounseled defendant might entirely proper earlier stage investigation thus surreptitious employment cellmate see henry electronic surveillance conversations third parties see maine moulton supra massiah may violate defendant sixth amendment right counsel even though methods investigation might permissible arraignment indictment far undermining edwards rule difference legal basis rule applied edwards sixth amendment claim asserted cases actually provides additional support application rule circumstances state also relies factual differences request counsel custodial interrogation request counsel arraignment state maintains respondents may actually intended request counsel encompass representation questioning police argument however must considered backdrop standard assessing waivers constitutional rights almost half century ago johnson zerbst case involving alleged waiver defendant sixth amendment right counsel explained indulge every reasonable presumption waiver fundamental constitutional rights reason state burden establishing valid waiver brewer williams doubts must resolved favor protecting constitutional claim settled approach questions waiver requires us give broad rather narrow interpretation defendant request counsel presume defendant requests lawyer services every critical stage prosecution thus reject state suggestion respondents requests appointment counsel construed apply representation formal legal proceedings state points another factual difference police may know defendant request attorney arraignment claimed distinction similarly unavailing cases bar officers charge investigations respondents present arraignments argument particularly unconvincing generally however sixth amendment principles require impute state knowledge one state actor another sixth amendment concerns confrontation state individual one set state actors police may claim ignorance defendants unequivocal request counsel another state actor state also argues factual differences application edwards sixth amendment context generate confusion however frequently emphasized one characteristics edwards clear quality see smith illinois solem stumes oregon bradshaw plurality opinion marshall dissenting agree applying rule accused requests counsel arraignment rather police station somehow diminishes clarity extent may doubts interpreting request counsel arraignment police responsibility know respond request opinion today resolves finally state maintains respondents made valid waiver sixth amendment rights signing postarraignment confession advised constitutional rights edwards however rejected notion suspect request counsel advice rights acquiescence questioning establish valid waiver find warrant different view sixth amendment analysis indeed rejection comparable argument edwards based part review earlier sixth amendment cases written waivers insufficient justify interrogations request counsel fifth amendment analysis insufficient justify interrogations request counsel sixth amendment analysis iii edwards grounded understanding assertion right counsel significant event additional safeguards necessary accused asks counsel conclude assertion less significant need additional safeguards less clear request counsel made arraignment basis claim sixth amendment thus hold police initiate interrogation defendant assertion arraignment similar proceeding right counsel waiver defendant right counsel interrogation invalid although edwards decision rested fifth amendment concerned request counsel made custodial interrogation michigan correctly perceived reasoning case applies even greater force cases judgments accordingly affirmed ordered footnotes respondent jackson points michigan also held fourth fifth sixth statements suppressed grounds prearraignment delay state statute therefore argues decision rests adequate independent state ground writ certiorari dismissed opinion however apply holding seventh statement thus although michigan holding statements mean jackson conviction must reversed regardless decision admissibility seventh statement controlled sixth amendment analysis properly us jackson state concedes arraignment represented initiation formal legal proceedings sixth amendment attached point brief petitioner bladel however state disputes contention brief petitioner pp view clear language decisions significance arraignment state argument untenable see brewer williams person entitled help lawyer time judicial proceedings initiated whether way formal charge preliminary hearing indictment information arraignment emphasis added quoting kirby illinois plurality opinion see also gouveia quoting kirby estelle smith quoting kirby moore illinois quoting kirby cf powell alabama critical period proceedings defendants time arraignment beginning trial emphasis added question whether arraignment signals initiation adversary judicial proceedings moreover distinct question whether arraignment critical stage requiring presence counsel absent valid waiver cf hamilton alabama alabama arraignment critical stage michigan found defendants request arraigning magistrate appointment counsel implicated sixth amendment right counsel request made custodial interrogation reason michigan rely fifth amendment edwards analysis express comment validity michigan fifth amendment analysis similarly initiation adversary judicial proceedings sixth amendment provides right counsel critical stage even interrogation fifth amendment applicability see wade sixth amendment provides right counsel postindictment lineup even though fifth amendment implicated construing respondents request counsel course suggest right counsel turns request see brewer williams right counsel depend upon request defendant carnley cochran settled assistance counsel constitutional requisite right furnished counsel depend request rather construe defendant request counsel extremely important fact considering validity subsequent waiver response interrogation also agree comments michigan nature accused request counsel although judges lawyers may understand appreciate subtle distinctions fifth sixth amendment rights counsel average person accused requests attorney either police officer magistrate know constitutional right invoking therefore expected articulate exactly purposes seeking counsel makes little sense afford relief interrogation defendant asks police officer attorney permit interrogation defendant makes identical request judge simple fact defendant requested attorney indicates believe sufficiently capable dealing adversaries see maine moulton right counsel attached asserted state must course honor means simply state prevent accused obtaining assistance counsel sixth amendment also imposes state affirmative obligation respect preserve accused choice seek assistance emphasis added omitted stating holding accused invoked right counsel present custodial interrogation valid waiver right established showing responded custodial interrogation even advised rights appended brewer williams massiah sixth amendment right counsel accrued held valid waiver counsel rights inferred mere response accused overt subtle forms interrogation efforts elicit incriminating information massiah brewer counsel engaged appointed admissions question elicited absence mcleod ohio summarily reversed decision police elicit information indictment even though counsel yet appointed state also argues michigan finding valid fifth amendment waiver require finding valid sixth amendment waiver relationship validity waivers fifth sixth amendment purposes subject considerable attention courts discussing collecting cases commentaries view holding edwards rule applies sixth amendment sixth amendment requires suppression postarraignment statements need decide either validity fifth amendment waiver case see supra general relationship fifth sixth amendment waivers chief justice burger concurring judgment concurred judgment edwards arizona observed extraordinary protections afforded person custody suspected criminal conduct without valid basis good things carried far must course protect persons custody coercion step step carried concept well beyond sound boundaries treatment subject example infirmity trying perform rulemaking function basis ignoring reality criminal cases coming far typical hard cases invokes ancient axiom hard cases make bad law stare decisis calls following rule edwards context plainly subject calls reexamination increasingly borrow justice cardozo criminal go free constable blundered people defore justice rehnquist justice powell justice join dissenting decision today rests following deceptively simple line reasoning edwards arizona created rule protect defendant fifth amendment rights sixth amendment rights even important fifth amendment rights therefore must also apply edwards rule sixth amendment prefers neat syllogism effort discuss answer relevant question edwards rule make sense context sixth amendment think therefore dissent unjustified extension edwards rule sixth amendment disagreement stems differing understandings edwards edwards held defendant invoked right miranda arizona counsel present custodial interrogation valid waiver right established showing responded custodial interrogation even advised rights prophylactic rule see solem stumes deemed necessary prevent police effectively overriding defendant assertion miranda rights badgering waiving rights see oregon bradshaw plurality opinion rehnquist edwards rule designed protect accused police custody badgered police officers short explained later cases edwards confer substantive constitutional right existed created protective umbrella serving enhance constitutional guarantee solem stumes supra quoting michigan payne see also shea louisiana white dissenting describing prophylactic purpose edwards rule today either forgets chooses ignore constitutional guarantee referred solem stumes fifth amendment prohibition compelled prohibition course also constitutional underpinning set prophylactic rules announced miranda see moran burbine ante oregon elstad edwards like miranda imposes police standard conduct intended help ensure confessions obtained custodial interrogation coerced involuntary seen proper light edwards provides nothing second layer protection addition rights conferred miranda defendant might otherwise compelled police incriminate violation fifth amendment dispositive question instant cases question address opinion whether kind prophylactic rule needed protect defendant right counsel sixth amendment answer question seems clearly even suggest police commonly deny defendants sixth amendment right counsel suspect claim likely borne empirical evidence thus justification prophylactic rules created miranda edwards namely perceived widespread problem police violating probably continue violate fifth amendment rights defendants course custodial interrogations see miranda supra conspicuously absent sixth amendment context put simply prophylactic rule set forth edwards makes sense except linked fifth amendment prohibition compelled today cut edwards rule loose analytical moorings manner graphically reveals illogic position phrases question presented cases whether edwards rule applies defendant formally charged crime requested appointment counsel arraignment ante emphasis added ultimately limits holding situations police initiate interrogation defendant assertion arraignment similar proceeding right counsel ante emphasis added words assuredly hold edwards per se rule prohibiting interrogations applies moment defendant sixth amendment right counsel attaches without request counsel defendant holding represent shockingly dramatic restructuring balance traditionally struck rights defendant larger society applying edwards rule situations defendant made explicit request counsel also render completely nugatory extensive discussion waiver prior sixth amendment cases brewer williams see also powell concurring critical factual issue whether voluntary waiver burger dissenting clear williams made valid waiver sixth amendment right counsel white joined blackmun rehnquist dissenting matter whether right make statements absence counsel stems massiah miranda arizona either case question one waiver leaves however analytical straitjacket problem limitation places sixth amendment version edwards rule unlike defendant right counsel miranda arise affirmatively invoked defendant custodial interrogation defendant sixth amendment right counsel depend whether defendant requested counsel see brewer williams supra carnley cochran acknowledges much six opinion stresses course suggest right counsel turns request counsel ante provides satisfactory explanation decision extend edwards rule sixth amendment yet limit rule defendants foresighted enough plain lucky enough made explicit request counsel always understood completely unnecessary sixth amendment purposes attempts justify emphasis otherwise legally insignificant request counsel stating construe defendant request counsel extremely important fact considering validity subsequent waiver response interrogation ibid statement sounds reasonable flatly inconsistent remainder opinion holds waiver sixth amendment right counsel request counsel made see ante obvious defendant request counsel merely extremely important fact rather fact counts truth satisfactory explanation position adopts cases glaring inconsistencies opinion arise precisely lacks coherent analytically sound basis decision prophylactic rule edwards designed inception protect defendant right fifth amendment compelled incriminate simply meaningfully apply sixth amendment hold edwards application outside context fifth amendment therefore reverse judgment four dissenters oregon bradshaw apparently agreed plurality characterization edwards rule see marshall joined brennan blackmun stevens dissenting citing passage plurality opinion quoted text noting dispute plurality dissent case concerns meaning initiation purposes edwards per se rule suggests dictum fifth amendment also provides defendants right counsel see ante cases make clear fifth amendment provides right see moran burbine ante oregon elstad instead miranda confers upon defendant right counsel counsel requested custodial interrogations even miranda right counsel exists solely means protecting defendant fifth amendment right compelled incriminate miranda reviewed numerous instances police brutality used coerce defendant confessing guilt stated use physical brutality violence unfortunately relegated past part country examples given undoubtedly exception sufficiently widespread object concern unless proper limitation upon custodial interrogation achieved assurance practices nature eradicated foreseeable future see also moran burbine ante clear course absent valid waiver defendant right presence attorney interrogation occurring first formal charging proceeding point sixth amendment right counsel initially attaches several sixth amendment cases indeed erected virtually per se barriers certain kinds police conduct see maine moulton henry massiah cases however share one fundamental characteristic separates instant cases case nature police conduct impossible find valid waiver defendant sixth amendment right counsel see maine moulton supra undisclosed electronic surveillance conversations third party henry supra use undisclosed police informant massiah supra undisclosed electronic surveillance hand conduct police totally open aboveboard said prevent defendant executing valid sixth amendment waiver standards set forth johnson zerbst