maryland shatzer argued october decided february police detective tried question respondent shatzer incarcerated maryland prison pursuant prior conviction allegations sexually abused son shatzer invoked miranda right counsel present interrogation detective terminated interview shatzer released back general prison population investigation closed another detective reopened investigation attempted interrogate shatzer still incarcerated shatzer waived miranda rights made inculpatory statements trial refused suppress statements reasoning edwards arizona apply shatzer experienced break miranda custody prior interrogation shatzer convicted sexual child abuse appeals maryland reversed holding mere passage time end edwards protections assuming arguendo exception edwards existed shatzer release back general prison population constitute break held shatzer experienced break miranda custody lasting two weeks first second attempts interrogation edwards mandate suppression statements pp edwards created presumption suspect invokes miranda right presence counsel waiver right response subsequent police attempt custodial interrogation involuntary edwards fundamental purpose reserv integrity accused choice communicate police counsel patterson illinois prevent ing police badgering waiving previously asserted miranda rights michigan harvey easy believe suspect later waiver coerced badgered held uninterrupted miranda custody since first refusal waive remains cut normal life isolated atmosphere miranda arizona captors appear control fate illinois perkins suspect released custody returned normal life time later attempted interrogation little reason think change heart coerced edwards presumption established opinion appropriate specify period release custody terminate application see county riverside mclaughlin concludes appropriate period days provides ample time suspect get reacclimated normal life consult friends counsel shake residual coercive effects prior custody pp shatzer release back general prison population constitutes break miranda custody lawful imprisonment imposed upon conviction create coercive pressures produced investigative custody justify edwards previously incarcerated suspects released back general prison population return accustomed surroundings daily routine regain degree control lives attempted interrogation continued detention relatively disconnected prior unwillingness cooperate investigation inherently compelling pressures custodial interrogation ended shatzer returned normal life pp md reversed remanded scalia delivered opinion roberts kennedy ginsburg breyer alito sotomayor joined thomas joined part iii thomas filed opinion concurring part concurring judgment stevens filed opinion concurring judgment maryland petitioner michael blaine shatzer writ certiorari appeals maryland february justice scalia delivered opinion consider whether break custody ends presumption involuntariness established edwards arizona august social worker assigned child advocacy center criminal investigation division hagerstown police department referred department allegations respondent michael shatzer sexually abused son time shatzer incarcerated maryland correctional serving sentence unrelated offense detective shane blankenship assigned investigation interviewed shatzer correctional institution august asking questions blankenship reviewed shatzer miranda rights obtained written waiver rights blankenship explained question shatzer sexually abusing son shatzer expressed confusion thought blankenship attorney discuss prior crime incarcerated blankenship clarified purpose visit shatzer declined speak without attorney accordingly blankenship ended interview shatzer released back general prison population shortly thereafter blankenship closed investigation two years six months later social worker referred specific allegations department incident involving shatzer detective paul hoover division assigned investigation social worker interviewed victim eight years old described incident detail new information hand march went roxbury correctional institute shatzer since transferred interviewed shatzer maintenance room outfitted desk three chairs hoover explained wanted ask shatzer alleged incident involving shatzer son shatzer surprised thought investigation closed hoover explained opened new file hoover read shatzer miranda rights obtained written waiver standard department form hoover interrogated shatzer incident approximately minutes shatzer denied ordering son perform fellatio admitted masturbating front son distance less three feet interview ended shatzer agreed hoover request submit polygraph examination point interrogation shatzer request speak attorney refer prior refusal answer questions without one five days later march hoover another detective met shatzer correctional facility administer polygraph examination reading shatzer miranda rights obtaining written waiver detective administered test concluded shatzer failed detectives questioned shatzer became upset started cry incriminated saying force force md making inculpatory statement shatzer requested attorney hoover promptly ended interrogation state attorney washington county charged shatzer sexual offense sexual child abuse assault contributing conditions rendering child need assistance shatzer moved suppress march statements pursuant edwards trial held suppression hearing later denied shatzer motion edwards protections apply reasoned shatzer experienced break custody miranda purposes interrogations cir washington app shatzer pleaded guilty waived right jury trial proceeded bench trial based agreed statement facts accordance agreement state described interview victim shatzer statements detectives based proffered testimony victim admission defendant act masturbation trial found shatzer guilty sexual child abuse cir washington dissent two judges appeals maryland reversed remanded held passage time alone insufficient end protections afforded edwards assuming arguendo exception edwards existed shatzer release back general prison population interrogations constitute break custody granted certiorari ii fifth amendment applies virtue fourteenth amendment malloy hogan provides person shall compelled criminal case witness amdt miranda arizona adopted set prophylactic measures protect suspect fifth amendment right inherently compelling pressures custodial interrogation observed incommunicado interrogation unfamiliar atmosphere involves psychological pressures work undermine individual resist compel speak otherwise freely consequently reasoned nless adequate protective devices employed dispel compulsion inherent custodial surroundings statement obtained defendant truly product free choice counteract coercive pressure miranda announced police officers must warn suspect prior questioning right remain silent right presence attorney warnings given suspect indicates wishes remain silent interrogation must cease similarly suspect wants attorney interrogation must cease attorney present critically however suspect waive rights establish valid waiver state must show waiver knowing intelligent voluntary high standar proof waiver constitutional rights set forth johnson zerbst edwards determined zerbst traditional standard waiver sufficient protect suspect right counsel present subsequent interrogation previously requested counsel additional safeguards necessary therefore superimposed second layer prophylaxis mcneil wisconsin edwards held hen accused invoked right counsel present custodial interrogation valid waiver right established showing responded custodial interrogation even advised rights subject interrogation authorities counsel made available unless accused initiates communication exchanges conversations police rationale edwards suspect indicates capable undergoing custodial questioning without advice counsel subsequent waiver come authorities behest suspect instigation product compelling pressures purely voluntary choice suspect arizona roberson rule voluntary miranda waiver sufficient time initial attempted interrogation protect suspect right counsel present sufficient time subsequent attempts suspect initially requested presence counsel implicit assumption course subsequent requests interrogation pose significantly greater risk coercion increased risk results police persistence trying get suspect talk also continued pressure begins individual taken custody suspect sought interrogated pressure likely increase custody prolonged minnick mississippi edwards presumption involuntariness ensures police take advantage mounting coercive pressures prolonged police custody roberson repeatedly attempting question suspect previously requested counsel suspect badgered submission kennedy dissenting frequently emphasized edwards rule constitutional mandate judicially prescribed prophylaxis see montejo louisiana slip michigan harvey solem stumes edwards rule constitutional command obligation justify expansion roberson supra kennedy dissenting lower courts uniformly held break custody ends edwards presumption see people storm cal collecting state federal cases previously addressed issue dicta see mcneil supra edwards applies assuming break custody judicially crafted rule justified reference prophylactic purpose davis internal quotation marks omitted applies benefits outweigh costs montejo supra slip begin benefits edwards presumption involuntariness incidental effect conserv ing judicial resources otherwise expended making difficult determinations voluntariness minnick supra fundamental purpose however reserv integrity accused choice communicate police counsel patterson illinois prevent ing police badgering defendant waiving previously asserted miranda rights harvey supra thus benefits rule measured number coerced confessions suppresses otherwise admitted see montejo supra slip easy believe suspect may coerced badgered abandoning earlier refusal questioned without counsel paradigm edwards case case suspect arrested particular crime held uninterrupted pretrial custody crime actively investigated initial interrogation including second one remains cut normal life companions thrust isolated unfamiliar atmosphere miranda captors appear control fate illinois perkins situation confronted suspects edwards roberson minnick three cases held edwards rule applicable edwards arrested pursuant warrant taken police station interrogated requested counsel edwards officer ended interrogation took county next morning two officer colleagues reinterrogated edwards jail roberson arrested scene burglary interrogated requested lawyer roberson different officer interrogated three days later still custody pursuant arrest ibid minnick arrested local police taken san diego jail two fbi agents interrogated next morning requested counsel minnick two days later mississippi deputy sheriff reinterrogated jail none suspects regained sense control normalcy initially taken custody crime investigation unlike happened three cases suspect released pretrial custody returned normal life time later attempted interrogation little reason think change heart regarding interrogation without counsel coerced longer isolated likely able seek advice attorney family members knows earlier experience need demand counsel bring interrogation halt investigative custody last indefinitely circumstances far fetched think police officer asking suspect whether like waive miranda rights wear accused smith illinois per curiam first request original attempted interrogation course deemed coercive change heart less likely attributable badgering fact deliberation familiar surroundings caused believe rightly wrongly cooperating investigation interest uncritical extension edwards situation significantly increase number genuinely coerced confessions excluded justification conclusive presumption disappears application presumption reach correct result time coleman thompson time extending edwards rule yields diminished benefits extending rule also increases costs voluntary confessions excludes trial voluntary confessions deters law enforcement officers even trying obtain voluntary confessions merely proper element law enforcement miranda supra unmitigated good mcneil society compelling interest finding convicting punishing violate law ibid quoting moran burbine logical endpoint edwards disability termination miranda custody lingering effects without limitation barring purely arbitrary every edwards prohibition custodial interrogation particular suspect eternal prohibition applies course subsequent interrogation pertains different crime roberson supra conducted different law enforcement authority minnick even suspect met attorney first interrogation ibid prevents questioning ex ante render invalid ex post confessions invited obtained suspects unbeknownst interrogators acquired edwards immunity previously connection offense country harbors large number repeat consequence disastrous conclude extension edwards justified opened protective umbrella solem far enough protections offered miranda deemed sufficient ensure police respect suspect desire attorney present first time police interrogate adequately ensure result suspect initially requested counsel reinterrogated break custody sufficient duration dissipate coercive effects shatzer return general prison population qualified break custody question address part iii infra doubt lasted long enough years meet durational requirement break lasted one year one week impractical leave answer question clarification future adjudication law enforcement officers need know certainty beforehand renewed interrogation lawful certainly unusual set forth precise time limits governing police action county riverside mclaughlin specified hours time within police must comply requirement gerstein pugh person arrested without warrant brought magistrate establish probable cause continued detention like mclaughlin case requisite police action presentation magistrate abstention interrogation prescribed statute established opinion think appropriate specify period time avoid consequence continuation edwards presumption reach correct result time coleman supra seems us period days provides plenty time suspect get reacclimated normal life consult friends counsel shake residual coercive effects prior custody limitation meets shatzer concern rule lends police abuse envisions suspect invokes miranda right counsel police release suspect briefly end edwards presumption promptly bring back custody reinterrogation suspect custody long enough days eliminate coercive effect nothing gain gamesmanship nothing except entirely appropriate gain able interrogate suspect made valid waiver miranda shatzer argues ending edwards protections break custody undermine edwards purpose conserve judicial resources sure said merit edwards decision lies clarity command certainty application minnick clarity certainty goals valuable reasonably achievement substantive end exclusion compelled confessions confessions obtained break custody waiver miranda rights unlikely compelled hence unreasonably excluded case exception dim marginally nature edwards every case involving edwards courts must determine whether suspect custody requested counsel later made statements seeks suppress cases alleged break custody simply repeat inquiry time initial invocation reinterrogation cases determination easy determined defendant pleading edwards custody two weeks contested interrogation spared inquiry whether ever anywhere asserted miranda right counsel iii facts case present additional issue one questions shatzer custody miranda purposes interviews detective blankenship detective hoover likewise one questions shatzer triggered edwards protections according detective blankenship notes interview stated talk case without attorney present interview shatzer released back general prison population serving unrelated sentence issue whether constitutes break miranda custody never decided whether incarceration constitutes custody miranda purposes indeed explicitly declined address issue see perkins see also bradley ohio marshall dissenting denial certiorari whether depends upon whether exerts coercive pressure miranda designed guard danger coercion results interaction custody official interrogation perkins supra emphasis added determine whether suspect miranda custody asked whether arrest restraint freedom movement degree associated formal arrest new york quarles see also stansbury california per curiam test doubt satisfied forms incarceration cases make clear however test identifies necessary sufficient condition miranda custody declined accord talismanic power miranda enforced types situations concerns powered decision implicated berkemer mccarty thus temporary relatively nonthreatening detention involved traffic stop terry stop see terry ohio constitute miranda custody mccarty supra see also perkins supra addressing interim period suspect interrogated subject baseline set restraints imposed pursuant prior conviction without minimizing harsh realities incarceration think lawful imprisonment imposed upon conviction crime create coercive pressures identified miranda interrogated suspects previously convicted crime live prison released back general prison population return accustomed surroundings daily routine regain degree control lives prior interrogation sentenced prisoners contrast miranda paradigm isolated accusers live among inmates guards workers often receive visitors communicate people outside mail telephone detention moreover relatively disconnected prior unwillingness cooperate investigation former interrogator power increase duration incarceration determined even possibility parole exists former interrogator apparent power decrease time served stark contrast circumstances faced defendants edwards roberson minnick whose continued detention suspects rested controlling interrogation confronted uncertainties final charges face whether convicted sentence receive shatzer experience illustrates vast differences miranda custody incarceration pursuant conviction time attempted interrogation shatzer already serving sentence prior conviction returned general prison population maryland correctional later transferred unrelated reasons street roxbury correctional institute state correctional facilities see maryland div correction inmate handbook online http internet materials visited available clerk case file inmates facilities generally visit library week regular exercise recreation periods participate basic adult education occupational training able send receive mail allowed receive visitors twice week see http http continued detention interrogation depend said say detective blankenship alleged placed higher level security faced continuing restraints result interrogation inherently compelling pressures custodial interrogation ended returned normal life iv words response justice stevens concurrence claims ignore hen police tell indigent suspect right attorney reinterrogate without providing lawyer suspect likely feel police lied really right lawyer post opinion concurring judgment hereinafter concurrence see also post fallacy talking reinterrogating suspect talking asking permission interrogated officer sense lied suspect advising miranda requires right remain silent choose speak right presence attorney promptly ends attempted interrogation suspect declines speak without counsel present two weeks later reapproaches suspect asks willing speak without lawyer present concer motivated edwards line cases post suspect coerced saying yes concern guides decision today contrary concurrence conclusion post reason believe suspect view confession way end interrogation begins told avoid simply requesting interrogated without counsel present option worked concurrence argues often case post break custody change suspect mind need say concurrence also accuses ignor ing suspect asks counsel request answered still compelling pressures custodial interrogation miranda line cases based post ignore pressures suggest disappear custody recommenced break see post pressures merely miranda provides sufficient protection edwards presumption involuntariness justified circumstances coercive pressures increased much suspects waivers miranda rights likely involuntary time contrary concurrence suggestion post narrow circumstances custody unbroken concluded fresh se miranda warnings sufficient see roberson last analysis turns concurrence accepts principal points agrees edwards prophylaxis perpetual agrees break custody reduces inherently compelling pressure upon edwards based agrees shatzer release back general prison population constituted break custody agrees case break long enough render edwards inapplicable post differ two respects instead terminating edwards protection custodial pressures basis protection dissipate concurrence terminate suspect longer feel denied counsel clearly requested post entirely unrelated rationale edwards confidence police promise provide counsel touchstone edwards applied minnick suspect continuing custody actually met appointed counsel concurrence rule also entirely unrelated existence break custody may relieve accumulated coercive pressures custody foundation edwards hard see bolsters suspect confidence asks counsel get one secondly concurrence differs us declining say long break custody termination edwards protection occurs two years says clearly enough gives law enforcement authorities guidance concurrence criticizes use days arbitrary unexplained post fact rests upon basis concurrence approval break custody much time justify treating second interrogation coercive first post failure say line falls short years leaving future determination certainly less helpful less arbitrary shatzer experienced break miranda custody lasting two weeks first second attempts interrogation edwards mandate suppression march statements accordingly reverse judgment appeals maryland remand case proceedings inconsistent opinion ordered maryland petitioner michael blaine shatzer writ certiorari appeals maryland february justice thomas concurring part concurring judgment join part iii opinion holds release general prison population constitutes break custody join decision extend presumption involuntariness established edwards arizona days custody ends apparent presumption involuntariness recognized edwards justifiable even custodial setting edwards applies see minnick mississippi scalia dissenting accordingly extend edwards rule beyond circumstances present edwards even one believes obliged apply edwards case involving continuing custody opinion today goes well beyond extends presumption involuntariness edwards applies custodial settings interrogations occur custody ends concedes extension like edwards presumption constitutionally required nevertheless defends extension judicially created prophylaxis compelled confessions even one accepts prophylaxis permissible generally advisable period following break rule fails satisfy criteria precedents establish judicial creation safeguard precedents insist judicially created prophylactic rules like edwards miranda arizona maintain closest possible fit rule fifth amendment interests seek protect patane plurality opinion see generally montejo louisiana slip chavez martinez plurality opinion rule satisfy test relates rule fifth amendment simply asserting days release recapture provide plenty time suspect shake residual coercive effects prior custody ante ipse dixit explain extending edwards presumption days following break custody opposed days provides closest possible fit clause patane supra see ante merely stating seems us appropriate period days explain benefits prophylactic rule either terms compared possible rules outweigh costs include loss law enforcement information well exclusion confessions fact voluntary ante citing montejo supra slip sure rule benefit providing bright line ante rules necessary prevent fifth amendment violations made clear refusing adopt rules cases involving miranda rights see michigan mosley otherwise arbitrary rule justifiable merely gives clear instruction law enforcement concedes clarity certainty goals valuable reasonably achievement substantive end exclusion compelled confessions fifth amendment prohibits ante arbitrary rule fails test even relatively permissive criteria set forth precedents accordingly join portion opinion maryland petitioner michael blaine shatzer writ certiorari appeals maryland february justice stevens concurring judgment agree presumption edwards arizona eternal ante mandate suppression shatzer statement made break custody agree newly announced rule edwards always ceases apply break custody ante conducting analysis demeans edwards judicially prescribed prophylaxis ante see also ante describing edwards rule constitutional quoting arizona roberson kennedy dissenting source holdings long line cases includes edwards miranda however fifth amendment protection compelled applied compulsion inherent custodial interrogation miranda arizona significan ce assertion right counsel edwards analysis today insufficiently sensitive concerns motivated edwards line cases troubling aspect rule disregards compulsion caused second third fourth interrogation indigent suspect told requests lawyer one provided police tell indigent suspect right attorney required speak without attorney present attorney provided cost questioning police made significant promise cease questioning reinterrogate suspect days later without providing lawyer suspect likely feel police lied really right officers informed shatzer rights first interrogation presumably informed requested attorney one appointed asked questions indigent suspect requests lawyer interrogation even days later without counsel provided surely exacerbate whatever compulsion speak suspect may feeling roberson police honored earlier commitment provide detainee lawyer detainee likely understan expressed wishes ignored may well see objection futile confession true way end interrogation davis souter concurring judgment cf cooper dupnik en banc describing elaborate police task force plan ignore suspect requests counsel theory induce hopelessness thereby elicit admission simply giving fresh se miranda warnings suspect denied counsel clearly requested rights remained untrammeled roberson ii never explains rule depend addition break custody passage time concrete event state affairs police honored commitment provide counsel instead simply decides create rule disregards much analysis upon edwards subsequent decisions based assertion right counsel significant event edwards today acknowledges right counsel like right remain silent one police may coerc badge ante suspect however discussed ignores effects badgering reinterrogating suspect took police word need answer questions without attorney present see roberson moreover ignores suspect asks counsel request answered still inherently compelling pressures custodial interrogation miranda line cases based see concern compulsion especially serious detainee requested lawyer act signals inability cope pressures custodial interrogation instead deferring understandings edwards rule engages speculation break custody eliminates compulsion animated edwards opinion gives strong basis believing break custody eliminate rationale initial edwards rule detainee told may remain silent speak lawyer afford attorney one provided asked lawyer one custody police still questioning break custody change fact custodial interrogation inherently compelling unlikely change fact detainee considers unable deal pressures custodial interrogation without legal assistance roberson instances break custody may make matters worse hen suspect understands expressed wishes ignored thus may well see objection futile confession true way end interrogation davis souter concurring judgment ignores understandings edwards line cases instead speculates suspect reinterrogated eventually talks must deliberation familiar surroundings caused believe rightly wrongly cooperating investigation interest ante apparent case answer told suspect miranda custody days likely able seek advice attorney family members friends ante speculation however overconfident questionably relevant factual matter know whether defendant able seek advice first suspects told afford lawyer one provided yet majority rule indigent suspect took police word asked lawyer nonetheless assumed able seek advice attorney second even suspects indigent necessarily access legal advice social advice presumes within days third suspects may realize need seek advice attorney unless police warn suspects interrogation resume days contact lawyer suspect let go may assume police satisfied event apparent interim advice minnick mississippi held sufficient detainee happened speak point lawyer see ibid noting consultation attorney prevent persistent attempts officials persuade suspect waive rights shield coercive pressures accompany custody actual interim advice attorney sufficient hypothetical interim advice attorney family members friends ante enough many problems new rule exacerbated situation case suspect prison even assumes trip one home significantly changes edwards calculus trip one prison cell prisoner freedom severely limited entire life remains subject government control environment conducive shak ing residual coercive effects prior custody ante prisoner easily seek advice attorney family members friends ante especially within days prisoners frequently subject restrictions communications cases live comfortably knowing badgered police prison like normal situation suspect control need shut door walk away avoid police badgering montejo louisiana slip indeed person whose every move controlled state likely sense dependence trust counsel guardian interests dealing government officials intensified green cf minnick explaining coercive pressures may increase custody prolonged ignores realities prison instead rests argument supposition prisoner detention relatively disconnected prior unwillingness cooperate investigation ante necessarily case prisoners uniquely vulnerable officials control every aspect lives prison guards may look kindly upon prisoner refuses cooperate police cooperation frequently relevant whether prisoner obtain parole see code md tit moreover even true factual matter prisoner fate controlled police come interrogate prisoner supposed know admits compulsion likely suspect captors appear control fate ante internal quotation marks omitted guard informs suspect must go speak police appear prisoner guard police independent questioning captors appear control suspect fate may create mutually reinforcing pressures assumed weaken suspect illinois perkins emphasis added iii least know whether shatzer obtain lawyer thus felt police lied providing one join opinion concur today judgment however another ground even shatzer consult lawyer police never provided one break custody basis treating second interrogation coercive first neither break custody passage time inherent curative power certain things change time indigent suspect took police word provide attorney probably feel denied counsel clearly requested roberson police begin question without lawyer days suspect left alone significant period time likely draw conclusions police interrogate concededly impossible determine precision draw line barker wingo case us however suspect returned general prison population years convinced period time sufficient therefore concur judgment footnotes state filed nolle prosequi sexual offense charge consented dismissal misdemeanor charges barred statute limitations jail local government detention center persons awaiting trial convicted misdemeanors confined black law dictionary ed prison contrast state federal facility confinement convicted criminals esp felons justice stevens points post opinion concurring judgment minnick actual consultation attorney continued custody suffice avoid application edwards mean ability consult freely attorneys others reduce level coercion questionably relevant post whether termination custody reduces coercive pressure basis edwards rule state alternative argument present case substantial lapse time attempts interrogation independently ended edwards presumption disposition makes unnecessary address argument assumes roberson extension edwards subsequent interrogation different crime minnick extension edwards subsequent interrogation different law enforcement agency apply even place custody identity custodial agency roberson minnick original interrogation assumption seem reasonable effect termination custody rejected reinterrogation different custody different interrogating agency seem anything less likely termination custody reduce coercive pressures original site respect original interrogating agency suspect already experienced cessation interrogation demands counsel may reason expect elsewhere according recent study prisoners released rearrested within three years see dept justice bureau justice statistics special report recidivism prisoners released ncj defendant experiences break custody invoking miranda right counsel left without protection edwards establishes presumption suspect waiver miranda rights involuntary see arizona roberson even without second layer prophylaxis mcneil wisconsin defendant still free claim prophylactic protection miranda arguing waiver miranda rights fact involuntary johnson zerbst see miranda distinguish duration incarceration duration might termed interrogative custody prisoner removed general prison population taken separate location questioning duration separation assuredly dependent upon interrogators reason asserted refusal speak without assistance counsel edwards prevents efforts get change mind interrogative custody footnotes minimum latter proposition questionable concede police officers might badger suspect subsequent interrogation break custody might use tactics suggest take answer suspect reenters custody questioned released need invoke right counsel ensure edwards protection duration subsequent detention law enforcement officers repeatedly release recapture suspect wear participation subsequent interrogation longer truly voluntary high standar proof waiver constitutional rights set forth johnson zerbst protect admission suspect statements miranda arizona zerbst inquiry takes account totality circumstances surrounding waiver including improper pressures police see cf ante stating ven without edwards second layer prophylaxis defendant still free claim prophylactic protection miranda arguing waiver miranda rights fact involuntary johnson zerbst internal quotation marks citation omitted though asserts rule tell law enforcement officers certainty beforehand renewed interrogation lawful ante clear determining whether suspect previously custody suspect released may difficult without questioning suspect especially state federal authorities conducting simultaneous investigations footnotes see dickerson holding protections announced miranda constitutionally required shea louisiana edwards ruled criminal defendant rights fifth fourteenth amendments violated use confession obtained interrogation without counsel present requested attorney oregon bradshaw plurality opinion subsequent incriminating statements made without attorney present violated rights secured defendant fifth fourteenth amendments constitution miranda examining history precedent underlying clause determine applicability situation argument rests fallacy talking suspect talking asking permission interrogated ante emphasis deleted however suspect always right remain silent distinction without difference time police interrogate reinterrogate read suspect miranda rights suspect may decline speak fallacy fallacy upon relied edwards line cases held police may continue interrogate suspect requested lawyer police may continue ask suspect whether may interrogate suspect lawyer present apparent belief fallacy underscores concern analysis insufficiently sensitive concerns motivated edwards line cases indeed lawyer unique ability protect fifth amendment rights client undergoing custodial interrogation fare michael counsel curb officer overbearing conduct advise suspect rights ensure accurate record interrogation special ability lawyer help client preserve fifth amendment rights client becomes enmeshed adversary process found right counsel present interrogation indispensible protection fifth amendment privilege arizona roberson internal quotation marks omitted thus accused requested counsel courts must especially wary coercive form custodial interrogation bradshaw powell concurring judgment see michigan harvey subsequent confession suggests police badger ed defendant waiving previously asserted miranda rights see minnick mississippi either admissions waivers effective unless particular systemic assurances coercive pressures custody inducing cause cf smith illinois per curiam authorities ing explicit subtle deliberate unintentional might otherwise wear accused persuade incriminate notwithstanding earlier request counsel assistance see roberson suspect believes capable undergoing questioning without advice counsel presumed subsequent waiver come authorities behest suspect instigation product compelling michigan mosley white concurring result accused expressed view competent deal authorities without legal advice later decision authorities insistence make statement without counsel presence may properly viewed skepticism today decision moreover offers reason time period sure may difficult marshal conclusive evidence setting arbitrary time period light basis edwards tread carefully instead reason choosing time period tells us seems us period days ante time period plenty time suspect get reacclimated normal life consult friends counsel shake residual coercive effects prior custody ibid gives reason speculation may well prove inaccurate many circumstances roberson example observed suspect asserted right attorney courts must presume feel sufficiently comfortable pressures custodial interrogation answer questions without attorney discomfort precisely state mind edwards presumes persist held roberson different police come speak different investigation presumption change reason assume suspect state mind way ibid reason believe arrest specific compulsion heightened fact uncertainty fate released custody reapprehended entails circumstances coercive continual custody strauss reinterrogation hastings const likely effect reinterrogation police may use effect advantage indeed rule creates strange incentive delay formal proceedings order gain additional information way interrogation time limit lapses justification fifth amendment rules must consistent practical realities roberson kennedy dissenting reality police may operate within confines fifth amendment order extract many confessions possible see leo white adapting miranda modern interrogators strategies dealing obstacles posed miranda rev time limit short days police hope eventually extract confession may feel comfortable releasing suspect short period time resulting delay increase compelling pressures suspect important distinguish point make indigent suspects police promise provide lawyer never sends message suspect police lied rights read hollow mere fact suspect consulted lawyer reduce compulsion police reinterrogate cf orozco texas holding suspect custody held home despite comfort familiarity surroundings mathis holding person serving prison sentence one crime custody interrogated prison another unrelated crime miranda arizona hen individual deprived freedom authorities significant way subjected questioning privilege jeopardized prison also presents troubling set incentives police first investigators know suspect also prisoner need formally place arrest thus police generally interview prisoners even without probable cause hold means police interrogate suspects little evidence guilt police time time without fear sued wrongful arrest second police know suspect otherwise detained need necessarily resolve case quickly police comfortably bide time interrogating reinterrogating suspect slips third police need hold suspect need arraign otherwise initiate formal legal proceedings trigger various protections attempts distinguish detention prison paradigm edwards case ante clear difference simply convicted prisoners detention relatively disconnected prior unwillingness cooperate investigation ante many instances pretrial custody custody continue regardless whether detainee answers questions take roberson example roberson arrested held one crime days later different officer interrogated different crime regardless whether cooperated second investigation still held first crime yet analysis roberson held long enough become accustomed detention facility ante break custody interrogation thus despite fact coercive pressures may increase custody prolonged minnick real problem roberson may police leave sitting jail long enough problem pretrial custody also highlights tension decision last term montejo louisiana montejo overturned michigan jackson protected accused sixth amendment right counsel forbidding police initiate interrogation criminal defendant requested counsel arraignment similar proceeding slip emphasized edwards regime suffices protect integrity suspect voluntary choice speak outside lawyer presence arraignment hard see also suffice protect choice arraignment slip quoting texas cobb kennedy concurring citation omitted typically arraignment defendants released bail placed detention facilities according majority logic sometimes constitute breaks custody decision today edwards serve role placed montejo responds confidence police promise provide counsel touchstone edwards applied minnick suspect continuing custody actually met appointed counsel ante view confidence police promise provide counsel touchtone ante rather view although appropriate break custody mitigate many reasons custodial reinterrogation suspect requested counsel inherently compelling mitigate effect indigent detainee believing denied counsel clearly requested roberson police tell indigent suspect required speak without attorney provide attorney suspect asserts right attorney police nonetheless provide attorney reinterrogate even break custody interrogations indigent suspect likely feel police lied ignoring rights view tension minnick minnick holds consultation attorney interrogations sufficient end edwards presumption therefore break custody counsel presence interrogation necessary address compulsion edwards line cases concerned doubt compulsion caused reinterrogating indigent suspect without providing lawyer may survive even break custody long passage time relevant point limited long break time far longer days diminishes rather eliminates compulsion