arizona roberson argued march decided june edwards arizona held suspect expressed desire deal police counsel subject interrogation authorities counsel made available unless accused initiates communication arrested scene burglary advised arresting officer constitutional rights declared miranda arizona remain silent attorney present interrogation respondent replied wanted lawyer answering questions fact duly reported officer written report three days later respondent still custody different officer unaware respondent earlier requested counsel yet provided advised rights interrogated different burglary obtaining incriminating statement concerning crime prosecution offense arizona trial suppressed statement reliance upon state decision refused distinguish edwards respect suspect reinterrogated unrelated offense requested counsel ruling fact interrogation edwards involved offense legally significant fifth amendment purposes arizona appeals affirmed suppression held edwards rule applies bar interrogation following suspect request counsel context separate investigation pp prophylactic edwards rule benefits accused state alike protects inherently compelling pressures custodial interrogation suspects feel incapable undergoing questioning without advice counsel creating presumption subsequent waiver right counsel authorities behest coercive purely voluntary moreover provides clear unequivocal guidelines inform police prosecutors specificity may conducting custodial interrogation inform courts circumstances statements obtained interrogation admissible pp decisions compel exception edwards postrequest custodial interrogation relating separate investigation michigan mosley connecticut barrett colorado spring maine moulton distinguished pp nature factual setting case compel exception edwards rule argument existence separate investigations precludes type badgering led decision edwards persuasive means clear police engaged separate investigations less eager police involved one inquiry question suspect custody moreover suspect indicated inability cope custodial interrogation requesting counsel interrogation without counsel surely exacerbate whatever compulsion speak suspect may feeling giving fresh sets miranda warnings necessarily reassure suspect denied requested counsel rights remained untrammeled fact case three days elapsed unsatisfied request counsel interrogation serious risk mere repetition warnings overcome presumption coercion created prolonged police custody furthermore fact may uncounseled suspect interests know give statement concerning separate offense compel exception edwards since suspect requested counsel determine deal separate investigations counsel advice since police free inform suspect facts second investigation long interrogate free initiate communication finally fact officer conducted respondent second interrogation know requested counsel justify failure honor request since edwards focuses state mind suspect police since officer discovered request simply reading arresting officer report pp stevens delivered opinion brennan white marshall blackmun scalia joined kennedy filed dissenting opinion rehnquist joined post took part consideration decision case bruce ferg assistant attorney general arizona argued cause petitioner briefs robert corbin attorney general william schafer iii paul larkin argued cause amicus curiae urging reversal brief solicitor general fried assistant attorney general weld deputy solicitor general bryson harriet shapiro joel gershowitz robert barrasso appointment argued cause filed brief respondent briefs amici curiae urging reversal filed state indiana et al linley pearson attorney general indiana william daily michael gene worden deputy attorneys general attorneys general respective follows duane woodard colorado jim smith florida jim jones idaho frederick cowan kentucky hubert humphrey iii minnesota mike moore mississippi mike greely montana lacy thornburg north carolina roger tellinghuisen south dakota mary sue terry virginia charlie brown west virginia archie mcclintock wyoming americans effective law enforcement et al david crump courtney evans bernard farber daniel hales jack yelverton fred inban wayne schmidt james manak justice stevens delivered opinion edwards arizona held suspect expressed desire deal police counsel subject interrogation authorities counsel made available unless accused initiates communication exchanges conversations police case arizona asks us craft exception rule cases police want interrogate suspect offense unrelated subject initial interrogation several years ago arizona considered rejected similar argument stating difference edwards appellant edwards questioned offense request counsel appellant reinterrogated unrelated offense believe factual distinction holds legal significance fifth amendment purposes state routhier cert denied april respondent arrested scene burglary arresting officer advised constitutional right remain silent also right attorney present interrogation see miranda arizona respondent replied wanted lawyer answering questions fact duly recorded officer written report incident due course respondent convicted april burglary april respondent still custody pursuant arrest three days earlier different officer interrogated different burglary occurred april officer aware fact respondent requested assistance counsel three days earlier advising respondent rights officer obtained incriminating statement concerning april burglary prosecution offense trial suppressed statement explaining ruling trial judge relied squarely arizona opinion state routhier characterizing rule edwards case clear unequivocal arizona appeals affirmed suppression order brief opinion stating routhier instant case accused continuously police custody time asserting fifth amendment right time impermissible questioning coercive environment never dissipated app pet cert ii major purpose opinion miranda arizona give concrete constitutional guidelines law enforcement agencies courts follow stressed numerous occasions ne principal advantages miranda ease clarity application berkemer mccarty see also new york quarles concurring opinion fare michael moran burbine rule edwards case came corollary miranda admonition individual wants attorney interrogation must cease attorney present instance concluded miranda interrogation continues without presence attorney statement taken heavy burden rests government demonstrate defendant knowingly intelligently waived privilege right retained appointed counsel edwards reconfirm ed views lend substance emphasize inconsistent miranda progeny authorities instance reinterrogate accused custody clearly asserted right counsel concluded reinterrogation may occur accused initiates communication exchanges conversations police ibid thus prophylactic protections miranda warnings provide counteract inherently compelling pressures custodial interrogation permit full opportunity exercise privilege implemented application edwards corollary suspect believes capable undergoing questioning without advice counsel presumed subsequent waiver come authorities behest suspect instigation product inherently compelling pressures purely voluntary choice suspect justice white explained accused expressed view competent deal authorities without legal advice later decision authorities insistence make statement without counsel presence may properly viewed skepticism michigan mosley concurring result repeatedly emphasized virtues rule cases following edwards well miranda see michigan jackson smith illinois per curiam solem stumes see also shea louisiana oregon bradshaw plurality opinion rehnquist fare michael explained relatively rigid requirement interrogation must cease upon accused request attorney virtue informing police prosecutors specificity may conducting custodial interrogation informing courts circumstances statements obtained interrogation admissible gain specificity benefits accused state alike thought outweigh burdens decision miranda imposes law enforcement agencies courts requiring suppression trustworthy highly probative evidence even though confession might voluntary traditional fifth amendment analysis edwards rule thus serves purpose providing clear unequivocal guidelines law enforcement profession surely nothing ambiguous requirement person custody expressed desire deal police counsel subject interrogation authorities counsel made available unless accused initiates communication exchanges conversations police iii petitioner contends prophylactic edwards rule apply interrogation following suspect request counsel occurs context separate investigation according petitioner cases nature factual setting compel distinction unpersuaded petitioner points holding michigan mosley quoting miranda arizona suspect asserts right cut questioning police may scrupulously honor right immediately ceas ing interrogation resum ing questioning passage significant period time provision fresh set warnings restrict ing second interrogation crime subject earlier interrogation police case followed precisely course claims state however mosley made clear suspect decision cut questioning unlike request counsel raise presumption unable proceed without lawyer advice see white concurring result quoted supra petitioner points well connecticut barrett concerned suspect told officers give written statement unless attorney present problem talking incident held limited request counsel barrett drawn distinction oral written statements thus officers continue question petitioner argues roberson request counsel similarly limited time investigation pursuant request made argument flawed factually legally matter fact according initial police report respondent stated wanted lawyer answering questions matter law presumption raised suspect request counsel considers unable deal pressures custodial interrogation without legal assistance disappear simply police approached suspect still custody still without counsel separate investigation suspect request counsel apply questions police wish pose follows think edwards miranda also case decided day barrett colorado spring held suspect awareness possible subjects questioning advance interrogation relevant determining whether suspect voluntarily knowingly intelligently waived fifth amendment privilege face warning anything said used evidence spring willingness answer questions without limiting waiver see connecticut barrett supra indicated felt comfortable enough pressures custodial interrogation answer questions without attorney since qualification broad explicit warning anything suspect says may used emphasis original spring decision talk properly considered equally unqualified conversely roberson unwillingness answer questions without advice counsel without limiting request counsel indicated feel sufficiently comfortable pressures custodial interrogation answer questions without attorney discomfort precisely state mind edwards presumes persist unless suspect initiates conversation investigation unless otherwise see connecticut barrett supra reason assume suspect state mind way see colorado spring supra finally petitioner raises case maine moulton held moulton sixth amendment right assistance counsel violated admission trial incriminating statements made codefendant secret government informant indictment meeting two plan defense strategy upcoming trial case involve miranda issue moulton custody opinion rejected argument statements admissible police seeking information regarding crime moulton already indicted separate inchoate scheme following massiah recognized though continuing investigation uncharged offenses violate defendant sixth amendment right assistance counsel recognition fact however surely lends support petitioner argument fifth amendment context statements different offenses developed different times different investigators course two wholly independent investigations treated brief petitioner argument overlooks difference sixth amendment right counsel fifth amendment right former arises fact suspect formally charged particular crime thus facing state apparatus geared prosecute latter protected prophylaxis attorney present counteract inherent pressures custodial interrogation arise fact interrogation exist regardless number crimes investigation whether crimes resulted formal charges sum cases support petitioner position iv petitioner attempts distinguishing factual setting edwards equally unavailing petitioner first relies plurality opinion oregon bradshaw rehnquist stated edwards laid prophylactic rule designed protect accused police custody badgered police officers manner defendant edwards petitioner reasons chances accused questioned repeatedly quick succession undermine person questioned constitute badger ing minute warrant consideration officers truly pursuing separate investigations brief petitioner means clear though police engaged separate investigations less eager police involved one inquiry question suspect custody suspect indicated inability cope pressures custodial interrogation requesting counsel interrogation without counsel provided surely exacerbate whatever compulsion speak suspect may feeling thus also disagree petitioner contention fresh sets miranda warnings reassure suspect denied counsel clearly requested rights remained untrammeled see ibid especially case period three days elapsed unsatisfied request counsel interrogation second offense serious risk mere repetition miranda warnings overcome presumption coercion created prolonged police custody amicus curiae supporting petitioner suggests suspect custody might good reasons wanting speak police offenses involved new investigation least learn police new investigation decide whether interest make statement matter without assistance counsel brief amicus curiae simple answer suspect requested counsel determine deal separate investigations counsel advice even police decided temporarily provide counsel see supra free inform suspect facts second investigation long communication constitute interrogation see rhode island innis made clear communication exchanges conversations police suspect initiates edwards arizona perfectly valid finally attach significance fact officer conducted second interrogation know respondent made request counsel addition fact edwards focuses state mind suspect police custodial interrogation must conducted pursuant established procedures procedures turn must enable officer proposes initiate interrogation determine whether suspect previously requested counsel case respondent request properly memorialized written report officer conducted interrogation simply failed examine report whether contemplated reinterrogation concerns different offense whether different law enforcement authorities involved second investigation need determine whether suspect requested counsel exists police department failure honor request justified lack diligence particular officer cf giglio judgment arizona appeals affirmed footnotes routhier based edwards versus arizona held defendant invoked right counsel may reinterrogated unless counsel made available initiates conversation routhier whether defendant offense unrelated offense makes difference fifth amendment purposes routhier stated edwards clear unequivocal interrogation authorities right counsel invoked case finding assertion right counsel assertion accused competent deal authorities without legal advice resumption questioning police without requested attorney provided strongly suggests accused choice answer app pet cert see state dampier edwards inapplicable interrogation authorities different state concerning unrelated matter mcfadden commonwealth edwards inapplicable authorities different county question suspect different crime see also lofton state fla app edwards violation suspect represented attorney unrelated matter questioned without counsel present review denied state newton utah state cornethan app alternative holding edwards inapplicable interrogation unrelated investigation also holds representation attorney unrelated matter suffice request counsel edwards purposes cf state harriman la app adopts petitioner view holding suspect initiated conversation regarding second investigation writ denied la see ex rel espinoza fairman rule arizona cert denied luman state app radovsky state md see also boles foltz gibson dissenting majority reach issue cert denied cf scalf knowledge request counsel imputed law enforcement officers subsequently deal suspect state arceneaux la significant explanation basis per se aspect miranda fare michael applies application edwards rule case stated fare rule miranda based perception lawyer occupies critical position legal system unique ability protect fifth amendment rights client undergoing custodial interrogation special ability lawyer help client preserve fifth amendment rights client becomes enmeshed adversary process found right counsel present interrogation indispensable protection fifth amendment privilege system established moreover lawyer presence helps guard overreaching police ensures statements actually obtained accurately transcribed presentation evidence per se aspect miranda thus based unique role lawyer plays adversary system criminal justice country tr apr emphasis added see tr amicus curiae supporting petitioner suggests similarly respondent failure reiterate request counsel officer involved second investigation even officer gave respondent complete miranda warnings result doubt respondent part police honor request counsel one made brief amicus curiae conclusion surprising considering respondent provided attorney already requested despite subjected interrogation respect first investigation well see infra reiterate though right counsel protect fifth amendment right absolute authorities conclude provide counsel reasonable period time investigation field carried may refrain without violating person fifth amendment privilege long question time miranda arizona indeed facts case indicate different officers investigating offense likely bypass proper procedures officer investigating different offense inasmuch record discloses less five violations edwards rule four concerning april burglary one concerning april burglary see tr apr tr last violation issue case justice kennedy chief justice joins dissenting majority frames case one asked craft exception edwards arizona ante implication seem burden proof falls say constitutional preventative purpose served prohibiting police asking suspect requested counsel chooses waive right new independent investigation different crime rule edwards rule constitutional command obligation justify expansion justification must consistent practical realities suspects rights police investigations respect suggest majority convincing case majority rule necessary protect rights suspects many instances deprive nationwide law enforcement network legitimate investigative technique routinely used resolve major crimes suspect custody even minor offense name fingerprints checked master files frequent occurrence suspect wanted questioning respect crimes unrelated one apprehended rule announced today bar law enforcement officials even city jurisdiction questioning suspect unrelated matter custody requested counsel assist answering questions put crime arrested first case asked apply edwards separate independent investigations statements deemed inadmissible edwards later cases applying doctrine statements relating investigation right counsel invoked see connecticut barrett smith illinois solem stumes oregon bradshaw wyrick fields majority extension edwards rule separate independent investigations unwarranted petitioner edwards arrested serious charges first submitted interrogation requested attorney questions ceased two detectives came jail next morning guard advised must talk petitioner edwards waived right silence implicated crime reversed conviction holding accused expresses desire face questioning counsel present subject interrogation counsel made available unless accused initiates exchange ultimate concern edwards cases follow whether suspect knows understands rights willing waive whether courts assured coercion induce waiver concern dictate result reached today dangers present edwards later cases insubstantial rule edwards effect prophylactic rule designed protect accused police custody badgered police officers manner defendant edwards oregon bradshaw supra plurality opinion subsequent questioning confined entirely independent investigation little risk suspect badgered submission reasons means clear police engaged separate investigations less eager police involved one inquiry question suspect custody ante misses point unless many separate investigations fresh teams police regularly turning question suspect danger badgering minimal insufficient justify rigid per se rule whatever eagerness police separate investigation may commence questioning unless suspect readvised miranda rights consents interrogation required edwards cease questioning invokes right counsel consequently legitimate interest suspect subjected coercive badgering already protected reason edwards rule confessions disfavored coercion feared rule announced today however prohibits police resuming questions second miranda warning likelihood coercion first interrogation began suggests suspect may believe rights fictitious must assert second time support suggestion weak suspect observed earlier invocation rights effective terminating questioning advised questioning may relate crime understand may invoke rights respect new investigation terminate questioning regarding investigation well indeed new warnings explanations reinforce comprehension suspect rights note conduct police case hardly exemplary reinitiated questioning respondent regarding first investigation asserted right counsel investigation statements gave response however properly excluded trial purposes except impeachment sense coercion generated violation carried questioning second offense course taken account reviewing whether waiver miranda rights second investigation voluntary per se rule announced today therefore necessary respond misconduct allowing authorities conduct separate investigation read suspect miranda rights ask whether wishes invoke strikes appropriate balance protects suspect freedom coercion without unnecessarily disrupting legitimate law enforcement efforts balance essential fashions rules preventative stem violations constitutional right michigan tucker contrast fourth amendment exclusionary rule instance rule operates even absent constitutional violation see oregon elstad cautious extending expresses preference bright lines line draws far restrictive necessary protect interests stake prohibiting police questioning suspect regarding separate investigation chooses presume suspect made decision wish talk investigation without counsel present although decision made suspect unaware even existence separate investigation underlying premise seems two types people never talk without lawyer always talk without lawyer realistic view human nature suggests suspect want opportunity learns separate investigations decide whether wishes speak authorities particular investigation without representation contexts taken realistic approach separate independent investigations maine moulton held sixth amendment right counsel barred admission statements elicited criminal defendant government informant statements related charge defendant indicted careful note however rule otherwise statements related different charge exclude evidence pertaining charges sixth amendment right counsel attached time evidence obtained simply charges pending time unnecessarily frustrate public interest investigation criminal activities similarly held michigan mosley suspect arrested charges committing robbery invoked right silence questioned later unrelated murder first read miranda rights correctly points neither cases necessarily control one us moulton involved sixth amendment right counsel mosley involved fifth amendment right silence case involves fifth amendment right counsel moulton mosley nevertheless reflected understanding invocation criminal suspect constitutional rights respected opportunities unfair coercion restricted without establishment rule assertion right one investigation automatically applied separate independent one considering whether extend edwards rule case choice holding statements never admissible holding statements always admissible choice absolute rule establishing irrebutable presumption coercion one relies upon known tested warnings applied investigation required edwards miranda arizona insure waiver voluntary problems edwards addressed present substantial degree today rule neither serve interest law enforcement give necessary protection rights suspected crime respectfully dissent