patterson illinois argued march decided june informed police indicted murder petitioner police custody twice indicated willingness discuss crime interviews initiated authorities occasions petitioner read form waiving rights miranda arizona initialed five specific warnings form signed form gave inculpatory statements authorities illinois trial denied motions suppress statements constitutional grounds statements used trial state affirmed conviction rejecting contention warnings received adequate protect fifth amendment rights guaranteed miranda adequately inform sixth amendment right counsel held postindictment questioning produced petitioner incriminating statements violate sixth amendment right counsel pp petitioner avail argument sixth amendment right counsel arose indictment police thereafter barred initiating questioning since time sought counsel present essence edwards arizona progeny petitioner relies preservation integrity accused choice communicate police counsel petitioner indicated wanted counsel assistance questioning stopped questioning forbidden unless initiated meeting michigan jackson however accused knowingly intelligently elects proceed without counsel uncounseled statements makes need excluded trial pp petitioner contention sixth amendment rights violated knowingly intelligently waive right counsel present postindictment questioning without merit constitutional minimum determining whether waiver knowing intelligent accused made sufficiently aware right counsel present possible consequences decision forgo aid counsel admonishing petitioner miranda warnings respondent met burden petitioner waiver valid first telling rights consult attorney lawyer present questioned even lawyer appointed afford one authorities conveyed sum substance sixth amendment rights second informing statement made used authorities made aware ultimate adverse consequence decision waive sixth amendment rights lawyer postindictment questioning namely advise refrain making statements petitioner inability articulate precision additional information provided competent waive right counsel supports conclusion information provided satisfies constitutional minimum pp never adopted petitioner suggestion sixth amendment right counsel superior difficult waive fifth amendment counterpart rather sixth amendment cases defined scope right counsel pragmatic assessment usefulness counsel accused particular stage proceedings question dangers accused proceeding without counsel stage accused waiver knowing intelligent made aware basic facts miranda warnings sufficient purpose questioning context stage role counsel relatively simple limited dangers disadvantages less substantial obvious accused trial pp white delivered opinion rehnquist scalia kennedy joined blackmun filed dissenting opinion post stevens filed dissenting opinion brennan marshall joined post donald honchell argued cause petitioner briefs paul biebel robert isaacson jack donatelli assistant attorney general illinois argued cause respondent brief neil hartigan attorney general shawn denney solicitor general terrence madsen kenneth fedinets assistant attorneys general andrew pincus argued cause amicus curiae urging affirmance brief solicitor general fried assistant attorney general weld deputy solicitor general bryson briefs amici curiae urging affirmance filed washington legal foundation daniel popeo paul kamenar americans effective law enforcement et al david crump courtney evans bernard farber daniel hales james murphy jack yelverton fred inbau wayne schmidt james manak justice white delivered opinion case called determine whether interrogation petitioner indictment violated sixth amendment right counsel dawn august petitioner members vice lords street gang became involved fight members rival gang black mobsters time fight former member black mobsters james jackson went home vice lords fled second fight broke petitioner three vice lords beating jackson severely vice lords put jackson car drove end nearby street left face puddle water later morning police discovered jackson dead left afternoon local police officers obtained warrants arrest vice lords charges battery mob action connection first fight one gang members arrested gave police statement concerning first fight statement also implicated several vice lords including petitioner jackson murder hours later petitioner apprehended petitioner informed rights miranda arizona volunteered answer questions put police petitioner gave statement concerning initial fight rival gangs denied knowing anything jackson death petitioner held custody following day august law enforcement authorities completed investigation jackson murder august cook county grand jury indicted petitioner two gang members murder james jackson police officer michael gresham questioned petitioner earlier removed lockup held told petitioner indicted transferred cook county jail petitioner asked gresham gang members charged jackson murder upon learning one particular vice lord omitted indictments asked hy indicted everything app petitioner also began explain witness support account crime point gresham interrupted petitioner handed miranda waiver form form contained five specific warnings suggested miranda decision make petitioner aware right counsel consequences statement might make police gresham read warnings aloud petitioner read along petitioner initialed five warnings signed waiver form petitioner gave lengthy statement police officers concerning jackson murder petitioner statement described detail role vice lords including murder james jackson later day petitioner confessed involvement murder second time confession came interview assistant state attorney asa george smith outset interview smith reviewed petitioner miranda waiver previously signed petitioner confirmed signed waiver understood rights smith went waiver procedure reading petitioner rights petitioner initial one sign waiver form addition smith informed petitioner lawyer working police investigating jackson case petitioner gave another inculpatory statement concerning crime trial petitioner moved suppress statements arguing obtained manner odds various constitutional guarantees trial denied motions statements used petitioner trial jury found petitioner guilty murder petitioner sentenced prison term appeal petitioner argued knowingly intelligently waived sixth amendment right counsel gave uncounseled postindictment confessions petitioner contended warnings received adequate purposes protecting fifth amendment rights guaranteed miranda adequately inform sixth amendment right counsel illinois however rejected theory applying previous decision people owens cert denied held miranda warnings sufficient make defendant aware sixth amendment right counsel postindictment questioning people thomas reaching conclusion illinois noted reserved decision question several previous occasions lower courts divided issue granted petition certiorari resolve split authority address issues previously left open ii doubt petitioner right assistance counsel postindictment interviews law enforcement authorities cases make plain sixth amendment guarantees right criminal defendants michigan jackson brewer williams massiah petitioner asserts questioning produced incriminating statements violated sixth amendment right counsel two ways petitioner first claim sixth amendment right counsel arose indictment police thereafter barred initiating meeting see brief petitioner tr oral arg equates preindictment suspect interrogated asserts fifth amendment right counsel edwards arizona suspect may questioned unless initiates meeting petitioner however time sought exercise right counsel present fact petitioner sixth amendment right came existence indictment right time questioning distinguish preindictment interrogatee whose right counsel existence available exercise questioned petitioner indicated wanted assistance counsel authorities interview stopped questioning forbidden unless petitioner called meeting holding michigan jackson supra applied edwards sixth amendment context observe analysis jackson rendered wholly unnecessary petitioner position correct petitioner theory officers jackson completely barred approaching accused case unless called decision jackson however turned fact accused ha asked help lawyer dealing police jackson supra bottom petitioner theory squared rationale edwards case relies support edwards rested view accused ha expressed desire deal police counsel subject interrogation authorities counsel made available unless accused initiates communication edwards supra cf also michigan mosley preserving integrity accused choice communicate police counsel essence edwards progeny barring accused making initial election whether face state officers questioning aid counsel go alone accused knowingly intelligently pursues latter course see reason uncounseled statements makes must excluded trial petitioner principal substantial claim questioning without counsel present violated sixth amendment validly waive right counsel present interviews since clear miranda warnings given petitioner voluntarily answered questions without claiming right silence right lawyer present advise also executed written waiver right counsel questioning specific issue posed whether waiver knowing intelligent waiver sixth amendment right see brewer williams supra johnson zerbst past held waiver sixth amendment right counsel valid reflects intentional relinquishment abandonment known right privilege johnson zerbst supra words accused must kno choice made eyes open adams ex rel mccann case arising fifth amendment described requirement full awareness nature right abandoned consequences decision abandon moran burbine whichever formulations used key inquiry case one must accused waived sixth amendment rights postindictment questioning made sufficiently aware right counsel present questioning possible consequences decision forgo aid counsel case convinced admonishing petitioner miranda warnings respondent met burden petitioner waiver right counsel questioning valid first miranda warnings given petitioner made aware right counsel present questioning telling petitioner right consult attorney lawyer present questioned even lawyer appointed afford retain one officer gresham asa smith conveyed petitioner sum substance rights sixth amendment provided indeed seems one told rights counsel curious posture later complain waiver rights unknowing cf washington little petitioner possibly told effort satisfy portion waiver inquiry second miranda warnings also served make petitioner aware consequences decision waive sixth amendment rights postindictment questioning petitioner knew statement made used subsequent criminal proceedings ultimate adverse consequence petitioner suffered virtue choice make uncounseled admissions authorities warning also sufficed contrary petitioner claim see tr oral arg let petitioner know lawyer postindictment questioning namely advise petitioner refrain making statements knowing done statements might make therefore benefit obtained aid counsel making statements petitioner essentially informed possible consequences going without counsel questioning petitioner nonetheless lacked full complete appreciation consequences flowing waiver defeat state showing information provided satisfied constitutional minimum cf oregon elstad conclusion supported petitioner inability proceedings articulate precision additional information provided competent waive right counsel petitioner brief reply brief suggest petitioner made aware right sixth amendment broad protection counsel rather nebulous suggestion gravity situation reply brief petitioner see brief petitioner surely latter requirement one met officer gresham informed petitioner formally charged murder james jackson see infra close questioning point argument petitioner likewise failed suggest meaningful additional information provided advance decision waive right counsel discussions found favorable decisions petitioner relies similarly lacking general matter accused admonished warnings prescribed miranda sufficiently apprised nature sixth amendment rights consequences abandoning rights waiver basis considered knowing intelligent one feel conclusion recent fifth amendment case equally apposite determined suspect decision rely rights uncoerced times knew stand mute request lawyer aware state intention use statements secure conviction analysis complete waiver valid matter law see moran burbine consequently reject petitioner argument acceptance courts commentators since sixth amendment right counsel far superior fifth amendment right since greater right greater loss waiver right waiver accused sixth amendment right counsel difficult effectuate waiver suspect fifth amendment rights brief petitioner cases recognized difference fifth amendment sixth amendment rights counsel policies behind constitutional guarantees never suggested one right superior greater support cases notion sixth amendment right may involved difficult waive fifth amendment counterpart instead taken pragmatic approach waiver question asking purposes lawyer serve particular stage proceedings question assistance provide accused stage determine scope sixth amendment right counsel type warnings procedures required waiver right recognized one end spectrum concluded sixth amendment right counsel whatsoever postindictment photographic display identification procedure one accused require aid coping legal problems assistance meeting adversary see ash extreme recognizing enormous importance role attorney plays criminal trial imposed rigorous restrictions information must conveyed defendant procedures must observed permitting waive right counsel trial see faretta california cf von moltke gillies extreme cases others fall two poles defined scope right counsel pragmatic assessment usefulness counsel accused particular proceeding dangers accused proceeding without counsel accused waiver right counsel knowing made aware basic facts applying approach view whatever warnings suffice miranda purposes also sufficient context postindictment questioning state decision take additional step commence formal adversarial proceedings accused substantially increase value counsel accused questioning expand limited purpose attorney serves accused questioned authorities respect inquiry discern substantial difference usefulness lawyer suspect custodial interrogation value accused postindictment questioning thus require searching formal inquiry permitting accused waive right counsel trial require sixth amendment waiver postindictment questioning postindictment questioning less important trial analysis petitioner hierarchical approach suggest full dangers disadvantages faretta supra questioning less substantial obvious accused trial role counsel questioning relatively simple limited see problem waiver procedure stage likewise simple limited long accused made aware dangers disadvantages postindictment questioning use miranda warnings waiver sixth amendment right counsel questioning knowing intelligent iii confessing murder james jackson petitioner meticulously informed authorities right counsel consequences choice exercise right two separate occasions petitioner elected forgo assistance counsel speak directly officials concerning role murder believe petitioner waiver sixth amendment rights knowing intelligent find error decision trial permit petitioner confessions used consequently judgment illinois affirmed footnotes apparently included informing petitioner right remain silent anything might say used right consult attorney right attorney present interrogation indigent state provide lawyer desired see michigan jackson moran burbine brewer williams note matter significance petitioner retained accepted appointment lawyer represent time questioned authorities accused lawyer distinct set constitutional safeguards aimed preserving sanctity relationship takes effect see maine moulton state conceded much argument see tr oral arg indeed analysis changes markedly accused even requests assistance counsel see michigan jackson supra part infra course also require waiver must voluntary petitioner contested voluntariness confession trial intermediate appellate courts rejected petitioner claim confessions coerced see app petitioner appear maintained contention illinois event press argument thus voluntariness petitioner confessions us emphasize significance fact petitioner waiver counsel limited aspect criminal proceedings postindictment questioning decision validity petitioner waiver extends far moreover even within limited context note petitioner waiver binding long wished precedents time questioning petitioner changed mind elected assistance counsel immediately dissolve effectiveness waiver respect subsequent statements see michigan jackson part supra decision today nothing change rule important basis analysis understanding attorney role postindictment questioning rather limited substantially different attorney role later phases criminal proceedings trial accused needs attorney perform several varied functions entirely beyond even intelligent layman yet postindictment questioning lawyer role rather unidimensional largely limited advising client questions answer ones decline answer discuss point greater detail see part infra representative excerpts relevant portions argument include following question petitioner told right counsel honchell petitioner counsel told word counsel used told right counsel information become meaningful method used designed alert accused sixth amendment rights counsel question mean said sixth amendment right counsel instead right counsel knew right counsel present made confession addition know make waiver intelligent one honchell meaningfully know sixth amendment right counsel present question difference meaningfully knowing knowing honchell warning used convey express counsel intended indictment question say told counsel indictment intelligently waive honchell right counsel act behalf represent question well okay said addition saying counsel counsel act behalf represent magic solution honchell possible method yes tr oral arg even lower cases suggested something beyond miranda warnings may required sixth amendment waiver considered knowing intelligent failed suggest something see felder mccotter robinson percy fields wyrick exception occasional suggestion addition miranda warnings accused informed indicted postindictment waiver sought see mohabir payton cert denied case petitioner concedes informed see brief petitioner address question whether accused must told indicted postindictment sixth amendment waiver valid even pass desirability informing accused matter reasonably debated see tr oral arg beyond one appeals second circuit adopted substantive procedural requirements addition miranda must completed sixth amendment waiver effectuated postindictment questioning see mohabir majority courts appeals reject mohabir holding additional warnings discussions accused required situation waiver context properly made neutral judicial officer ibid mean course sixth amendment challenges conduct postindictment questioning fail whenever challenged practice pass constitutional muster miranda example permitted miranda waiver stand suspect told lawyer trying reach questioning sixth amendment context waiver valid see moran burbine likewise surreptitious conversation undercover police officer unindicted suspect give rise miranda violation long interrogation custodial setting see miranda however accused indicted questioning prohibited see henry thus sixth amendment protection relationship right rely counsel medium accused state extends beyond miranda protection fifth amendment right counsel see maine moulton cases waiver valid miranda suffice sixth amendment purposes see also michigan jackson see mohabir supra note proposed requirements waiver sixth amendment right counsel colum rev see michigan jackson supra rhode island innis note incidentally miranda decision analysis disposition waiver question relied decision johnson zerbst sixth amendment waiver case see miranda outset recognized waiver inquiry focuses lawyer role questioning rather particular constitutional guarantee gives rise right counsel proceeding see ibid see also moran burbine thus surprise find strong similarity level knowledge defendant must waive fifth amendment right counsel protection accorded sixth amendment rights see comment constitutional law right counsel geo rev discussed see supra attorney role questioning relatively limited trial counsel required help even gifted layman adhere rules procedure evidence comprehend subtleties voir dire examine witnesses effectively including accused object improper prosecution questions much bench book district judges ed mcdowell white dissenting denial certiorari justice blackmun dissenting agree justice stevens says dissenting opinion post however merely hold formal adversary proceedings defendant commenced sixth amendment mandates defendant subject interrogation authorities counsel made available unless accused initiates communication exchanges conversations police michigan jackson quoting edwards arizona majority concludes ante fact petitioner sixth amendment right came existence indictment distinguish preindictment interrogatee whose right counsel existence available exercise questioned must disagree hen constitution grants protection criminal proceedings without assistance counsel counsel must furnished whether accused requested appointment counsel carnley cochran internal quotations omitted view sixth amendment allow prosecution take undue advantage gap commencement adversary process time counsel appointed defendant justice stevens justice brennan justice marshall join dissenting condone unethical forms trial preparation prosecutors investigators civil litigation improper lawyer communicate adversary client without either notice opposing counsel permission attempt obtain evidence use trial going behind back one adversary serious breach professional ethics also manifestly unfair form trial practice criminal context ethical rules apply opinion notions fairness least demanding also enforced jury empaneled criminal trial progress obviously improper prosecutor conduct private interview defendant purpose obtaining evidence used trial private interview mean course interview initiated prosecutor agents without notice defendant lawyer without permission even interview commenced giving defendant five items legal advice mandated miranda see ante doubt promptly unanimously condemn shabby practice holding michigan jackson suggests practice simply constitute serious ethical violation rise level impairment sixth amendment right counsel question case raises therefore point adversary process become impermissible prosecutor agents conduct private interviews opposing party several alternatives conceivable trial commences defendant actually met accepted representation appointed counsel counsel appointed adversary process commences opinion sixth amendment right counsel demands firm unequivocal line drawn point adversary proceedings commence prior cases used strong language emphasize significance formal commencement adversary proceedings language employed explain decisions denying defendant benefit protection sixth amendment preindictment settings evenhanded interpretation amendment support view additional protection automatically attach moment formal proceedings begin one example kirby illinois concluded general rule requiring presence counsel pretrial lineup identifications see wade gilbert california extend protect custodial defendants yet formally charged justice stewart plurality opinion explained significance formal charge initiation judicial criminal proceedings far mere formalism starting point whole system adversary criminal justice government committed prosecute adverse positions government defendant solidified defendant finds faced prosecutorial forces organized society immersed intricacies substantive procedural criminal law point therefore marks commencement criminal prosecutions alone explicit guarantees sixth amendment applicable see powell alabama massiah spano new york douglas concurring omitted recently moran burbine upheld waiver right counsel pretrial context even though waiver valid situation arisen indictment see ante moran opinion explained clear course absent valid waiver defendant right presence attorney interrogation occurring first formal charging proceeding point sixth amendment right counsel initially attaches gouveia kirby illinois opinion stewart see brewer williams readily agree right attached follows police may interfere efforts defendant attorney act medium suspect state interrogation maine moulton see brewer williams supra difficulty respondent interrogation sessions yielded inculpatory statements took place initiation adversary judicial proceedings gouveia supra well settled strong presumption waiver sixth amendment protections see michigan jackson von moltke gillies plurality opinion johnson zerbst waiver may accepted made full awareness dangers disadvantages faretta california see also adams ex rel mccann accused may waive constitutional right assistance counsel knows choice made eyes open warnings offered opposing party whether detailed cursory simply satisfy high standard majority premises conclusion miranda warnings lay sufficient basis accepting waiver right counsel assumption warnings make clear accused lawyer postindictment questioning namely advise refrain making incriminating statements ante omitted yet surely gross understatement disadvantage proceeding without lawyer understatement defendant must understand make knowing waiver miranda warnings example inform accused lawyer might examine indictment legal sufficiency submitting client interrogation lawyer likely considerably skillful negotiating plea bargain negotiations may fruitful initiated prior interrogation rather warnings even go far explain accused nature charges pending advice insist upon allowing defendant enter guilty plea without presence attorney see henderson morgan without defining precisely nature inquiry required establish valid waiver sixth amendment right counsel must conceded least minimal advice necessary accused must told dangers disadvantages yet conceded certain advice required indictment adversary relationship state accused solidified inescapably follows prosecutor may conduct private interviews charged defendant least one appeals recognized ethical constraints prevent prosecutor giving legal advice uncounseled adversary thus neither prosecutor agents ethically provide unrepresented defendant kind advice precede interview formal proceedings commenced indeed opinion even miranda warnings species legal advice improper given prosecutor indictment moreover good reasons advice deemed unethical reasons extend custodial postindictment setting unequaled strength first offering legal advice may lead accused underestimate prosecuting authorities true adversary posture incarcerated defendant case custody hours time told indictment assistance someone explain held nature charges extent legal rights may importance overcome perhaps obvious prosecutor foe friend second adversary posture parties fully solidified formal charges brought inevitably tend color advice offered hard prosecutor might try doubt possible one wear hat effective adviser criminal defendant time wearing hat law enforcement authority finally regardless whether accused actually understands legal factual issues involved state role adversary party advice offered lawyer agents evident conflict interest help create public perception unfairness unethical conduct held earlier term courts independent interest ensuring criminal trials conducted within ethical standards profession legal proceedings appear fair observe wheat interest factor may considered deciding whether override defendant waiver sixth amendment right representation see likewise considered determining whether waiver based advice offered criminal defendant adversary ever appropriate sum without careful discussion pitfalls proceeding without counsel sixth amendment right properly waived adversary party moreover adequately provide advice result right counsel attaches adversary relationship state accused solidifies prosecutor conduct private interview accused party without dilut ing protection afforded right counsel maine moulton although ground alone reason enough never permit private interviews rule also presents added virtue drawing clear easily identifiable line point investigatory adversary stages criminal proceeding clarity definition constitutional rules govern criminal proceedings important law enforcement profession well private citizen see arizona roberson true course interest effective law enforcement benefit opportunity engage incommunicado questioning defendants reasons beyond control able receive legal advice counsel constitutionally entitled singleminded concentration interest might also lead toleration similar practices stage trial think clear private communications intolerable simply trial point adversary proceedings commenced therefore respectfully dissent disciplinary rule aba model code professional responsibility provides relevant part course representation client lawyer shall communicate cause another communicate subject representation party knows represented lawyer matter unless prior consent lawyer representing party authorized law representing client lawyer shall communicate subject representation party lawyer knows represented another lawyer matter unless lawyer consent lawyer authorized law jackson held police initiate interrogation defendant assertion arraignment similar proceeding right counsel waiver defendant right counsel interrogation invalid case held waiver invalid even though appointed law firm yet received notice appointment defendant yet informed law firm appointed represent similarly holdings massiah henry maine moulton suggest law enforcement personnel may bypass counsel favor direct communications accused cases government engaged secret attempts elicit incriminating statements indicted suspect use government informants yet analysis turn primarily upon covert nature interrogation see brewer williams incriminating statements elicited surreptitiously massiah case otherwise constitutionally irrelevant finding sixth amendment violation appear turn upon absence waiver course obtained given surreptitious nature attempts elicit incriminating statements cf jackson rehnquist dissenting wrote 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 several occasions called upon clarify scope state obligation regard made clear least prosecutor police affirmative obligation act manner circumvents thereby dilutes protection afforded right counsel omitted prior decisions also made clear return formal charge fundamentally alters relationship state accused conferring increased protections upon defendants interactions state authorities michigan jackson explained 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 massiah may violate defendant sixth amendment right counsel even though methods investigation might permissible arraignment indictment omitted majority finds support conclusion miranda warnings provide sufficient basis waiver sixth amendment right counsel petitioner inability proceedings articulate precision additional information provided competent waive right counsel ante additional although exhaustive possible warnings however articulated see callabrass supp sdny part difficulty fashioning proper boilerplate set warnings unlike fifth amendment context information must imparted accused vary case case facts legal issues parties differ respondent amicus curiae argue comprehensive inquiry required faretta california extended pretrial waivers role counsel conversely difficulty proceeding without counsel important trial reject premise lawyer skills likely sit idle pretrial interrogation trial events require considerable experience expertise reluctant rank one moreover recognized escobedo illinois right use counsel formal trial hollow thing practical purposes conviction already assured pretrial examination groban black dissenting one imagine cynical prosecutor saying let illustrious counsel ca escape noose nothing counsel trial ex parte sullivan supp omitted discussing suggestion prosecutor supplement customary miranda warnings postindictment setting appeals second circuit wrote believe strong policy reasons grounded ethical considerations adopting alternative prosecutor give warnings defendant government points prosecutor many senses adversary defendant counselled give legal advice support proposition government cites aba code professional responsibility dr dr provides course representation client lawyer shall communicate cause another communicate subject representation party knows represented lawyer matter unless prior consent lawyer representing party authorized law give advice person represented lawyer advice secure counsel interests person reasonable possibility conflict interests client mohabir wheat sustained district decision reject defendant waiver right representation even though wheat unlike petitioner made decision waive right assistance additional counsel see stevens dissenting