davis argued march decided june petitioner member navy initially waived rights remain silent counsel interviewed naval investigative service agents connection murder sailor hour half interview said maybe talk lawyer however agents inquired asking lawyer replied took short break reminded rights interview continued another hour asked lawyer present saying anything military judge denied motion suppress statements made interview holding mention lawyer interrogation request counsel convicted murder ultimately military appeals affirmed held knowing voluntary waiver rights miranda arizona law enforcement officers may continue questioning unless suspect clearly requests attorney suspect entitled assistance counsel custodial interrogation even though constitution provide assistance suspect invokes right time police must immediately cease questioning attorney present edwards arizona edwards rule serves prophylactic purpose preventing officers badgering suspect waiving previously asserted miranda rights applicability requires courts determine whether accused actually invoked right counsel objective inquiry requiring statement reasonably construed page ii expression desire attorney assistance however reference ambiguous equivocal reasonable officer light circumstances understood suspect might invoking right counsel edwards require officers stop questioning suspect extending edwards create requirement transform miranda safeguards wholly irrational obstacles legitimate investigative activity needlessly preventing police questioning suspect absence attorney even suspect wish one present edwards rule provides bright line applied officers real world investigation interrogation without unduly hampering gathering information clarity ease application lost officers required cease questioning based ambiguous equivocal reference attorney since forced make difficult judgment calls suspect wants threat suppression guess wrong often good police practice officers clarify whether suspect making ambiguous statement really wants attorney required ask clarifying questions pp reason disturb conclusion courts petitioner remark maybe talk lawyer request counsel pp delivered opinion rehnquist scalia kennedy thomas joined scalia filed concurring opinion souter filed opinion concurring judgment blackmun stevens ginsburg joined davis justice delivered opinion edwards arizona held law enforcement officers must immediately cease questioning suspect clearly asserted right counsel present custodial interrogation case decide law enforcement officers respond suspect makes reference counsel insufficiently clear invoke edwards prohibition questioning pool brought trouble river city charleston naval base petitioner member navy spent evening october shooting pool club base another sailor keith shackleford lost game wager petitioner shackleford refused pay club closed shackleford beaten death pool cue loading dock behind commissary body found early next morning investigation naval investigative service nis gradually focused petitioner investigative agents determined petitioner club evening absent without authorization duty station next morning agents also davis learned privately owned pool cues removed club premises petitioner owned two cues one bloodstain agents told various people petitioner either admitted committing crime recounted details clearly indicated involvement killing november petitioner interviewed nis office required military law agents advised petitioner suspect killing required make statement statement used trial entitled speak attorney attorney present questioning see art uniform code military justice ucmj evid manual petitioner waived rights remain silent counsel orally writing hour half interview petitioner said maybe talk lawyer app according uncontradicted testimony one interviewing agents interview proceeded follows ade clear violate rights wants lawyer stop kind questioning going pursue matter unless clarified asking lawyer making comment lawyer said asking lawyer continued said want lawyer davis general petitioner moved suppress statements made november interview military judge denied motion holding mention lawyer petitioner course interrogation form request counsel agents properly determined petitioner indicating desire invoking right counsel petitioner convicted one specification unpremeditated murder violation art ucmj sentenced confinement life dishonorable discharge forfeiture pay allowances reduction rank lowest pay grade convening authority approved findings sentence corps military review affirmed app pet cert military appeals granted discretionary review affirmed recognized state federal courts developed three different approaches suspect ambiguous equivocal request counsel jurisdictions held mention counsel however ambiguous sufficient require questioning cease others attempted define threshold standard clarity invoking right counsel held comments falling short threshold invoke right counsel jurisdictions held interrogation offense must immediately cease whenever suspect mentions counsel allow interrogators ask narrow questions designed clarify earlier statement suspect desires respecting counsel internal quotation marks omitted davis although twice previously noted varying approaches lower courts adopted respect ambiguous equivocal references counsel custodial interrogation see connecticut barrett smith illinois per curiam addressed issue merits granted certiorari ii sixth amendment right counsel attaches initiation adversary criminal proceedings see gouveia proceedings initiated suspect criminal investigation constitutional right assistance counsel nevertheless held miranda arizona suspect subject custodial interrogation right consult attorney counsel present questioning police must explain right questioning begins right counsel established miranda one series recommended procedural safeguards rights protected constitution instead measures insure right compulsory protected michigan tucker see amdt person shall compelled criminal case witness davis right counsel recognized miranda sufficiently important suspects criminal investigations held requir es special protection knowing intelligent waiver standard edwards arizona see oregon bradshaw plurality opinion powell concurring judgment suspect effectively waives right counsel receiving miranda warnings law enforcement officers free question north carolina butler suspect requests counsel time interview subject questioning lawyer davis made available suspect reinitiates conversation edwards arizona supra second layer prophylaxis miranda right counsel mcneil wisconsin designed prevent police badgering defendant waiving previously asserted miranda rights michigan harvey end held suspect invoked right counsel questioned regarding offense unless attorney actually present minnick mississippi arizona roberson remains clear however prohibition questioning like aspects miranda required fifth amendment prohibition coerced confessions instead justified reference prophylactic purpose connecticut barrett supra applicability rigid prophylactic rule edwards requires courts determine whether accused actually invoked right counsel smith illinois supra emphasis added quoting fare michael avoid difficulties proof provide guidance officers conducting interrogations objective inquiry see connecticut barrett supra invocation miranda right counsel requires minimum statement reasonably construed expression desire assistance attorney mcneil wisconsin supra suspect makes reference attorney ambiguous equivocal reasonable officer light circumstances understood suspect might invoking right counsel precedents require cessation questioning see ibid likelihood suspect wish counsel present test applicability davis edwards edwards arizona supra impermissible authorities reinterrogate accused custody clearly asserted right counsel emphasis added rather suspect must unambiguously request counsel observed statement either assertion right counsel smith illinois brackets internal quotation marks omitted although suspect need speak discrimination oxford post souter concurring judgment must articulate desire counsel present sufficiently clearly reasonable police officer circumstances understand statement request attorney statement fails meet requisite level clarity edwards require officers stop questioning suspect see moran burbine interrogation must cease attorney present individual wants attorney citations internal quotation marks omitted decline petitioner invitation extend edwards require law enforcement officers cease questioning immediately upon making ambiguous equivocal reference attorney see arizona roberson supra kennedy dissenting rule edwards rule constitutional command obligation justify expansion rationale underlying edwards police must respect suspect wishes regarding right attorney present custodial interrogation officers conducting questioning reasonably know whether suspect wants lawyer rule requiring immediate cessation questioning transform miranda safeguards wholly irrational obstacles legitimate police investigative activity michigan mosley davis needlessly prevent police questioning suspect absence counsel even suspect wish lawyer present nothing edwards requires provision counsel suspect consents answer questions without assistance lawyer miranda expressly rejected suggestion police station must station house lawyer present times advise prisoners held instead suspect must told right attorney present may questioned invoking right counsel also noted suspect indecisive request counsel officers need always cease questioning see recognize requiring clear assertion right counsel might disadvantage suspects fear intimidation lack linguistic skills variety reasons clearly articulate right counsel although actually want lawyer present primary protection afforded suspects subject custodial interrogation miranda warnings ull comprehension rights remain silent request attorney sufficient dispel whatever coercion inherent interrogation process moran burbine supra suspect knowingly voluntarily waives right counsel right explained indicated willingness deal police unassisted although edwards provides additional protection suspect subsequently requests attorney questioning must cease one must affirmatively invoked suspect considering suspect must invoke right counsel must consider side miranda equation need effective law enforcement although courts ensure compliance miranda davis requirements exclusionary rule police officers must actually decide whether question suspect edwards rule questioning must cease suspect asks lawyer provides bright line applied officers real world investigation interrogation without unduly hampering gathering information require questioning cease suspect makes statement might request attorney clarity ease application lost police officers forced make difficult judgment calls whether suspect fact wants lawyer even though said threat suppression guess wrong therefore hold knowing voluntary waiver miranda rights law enforcement officers may continue questioning unless suspect clearly requests attorney course suspect makes ambiguous equivocal statement often good police practice interviewing officers clarify whether actually wants attorney procedure followed nis agents case clarifying questions help protect rights suspect ensuring gets attorney wants one minimize chance confession suppressed due subsequent judicial meaning suspect statement regarding counsel decline adopt rule requiring officers ask clarifying questions suspect statement unambiguous unequivocal request counsel officers obligation stop questioning recapitulate held miranda suspect entitled assistance counsel custodial interrogation even though constitution provide assistance held edwards suspect invokes right counsel time davis police must immediately cease questioning attorney present unwilling create third layer prophylaxis prevent police questioning suspect might want lawyer unless suspect actually requests attorney questioning may continue courts found petitioner remark nis agents maybe talk lawyer request counsel see reason disturb conclusion nis agents therefore required stop questioning petitioner though entirely proper clarify whether petitioner fact wanted lawyer ground suppression petitioner statements judgment military appeals affirmed never occasion consider whether fifth amendment privilege attendant davis right counsel custodial interrogation applies force military need president exercising authority prescribe procedures military criminal proceedings see art ucmj decreed statements obtained violation clause generally admissible trials mil rules evid military appeals held cases construing fifth amendment right counsel apply military interrogations control admissibility evidence trials see mclaren applewhite parties contest point proceed assumption precedents apply apply state federal criminal prosecutions also note government sought rely case statute governing admissibility confessions federal prosecutions slip therefore decline invitation amici consider see brief washington legal foundation et al amici curiae although consider arguments raised amicus brief see teague lane plurality opinion reluctant issue one first impression involving interpretation federal statute department justice expressly declines take position see tr oral arg davis justice scalia concurring section title code statute governing admissibility confessions federal prosecutions slip provision declares confession shall admissible evidence voluntarily given issue voluntariness shall determined basis circumstances surrounding giving confession including whether defendant advised knew required make statement whether defendant advised prior questioning right assistance counsel whether defendant without assistance counsel questioned emphases added continues lest import doubtful presence absence factors need conclusive issue voluntariness confession legal analysis admissibility confession without reference provisions equivalent legal analysis admissibility hearsay without consulting rules evidence unreal exercise yet observes see ante precisely davis undertaken case raise asserted issue brief first case declined invoke us even first case failure called attention see tr oral arg green pp fact limited exceptions provision studiously avoided every administration lower courts since enactment years ago see office legal policy dept justice report attorney general law interrogation discussing abortive implementation passage davis agree proper given government failure raise point render judgment without taking account refusal consider arguments raised sound prudential practice rather statutory constitutional mandate times prudence dictates contrary see nat bank independent ins agents america slip proper appeals consider whether allegedly controlling statute repealed despite parties failure upon invitation assert point far concerned time arrived case comes within terms statute next presented us century voluntariness vel non touchstone admissibility confessions see miranda arizona harlan dissenting section title seems provide standard federal criminal prosecutions today say seems wish prejudge issue law entirely open argument mean appears say inapplicable reason even unconstitutional longer open argument continue ignore commands simply executive declines insist observe executive power whether right effectively nullify provisions law mere failure prosecute exercise prosecutorial discretion power whether right avoid application simply declining introduce evidence confessions admissible terms prosecution commenced confession introduced executive assuredly neither power right davis determine objections admissibility confession valid law section title provision law directed courts reflecting people assessment proper balance struck concern persons interrogated custody needs effective law enforcement shirk duty systematically disregard statutory command simply justice department systematically declines remind us repeated refusal invoke combined courts traditional albeit merely prudential refusal consider arguments raised caused federal judiciary confront host miranda issues might entirely irrelevant federal law see addition present case green cert moot griffin vazquez scalf worse still may produced era intense national concern problem crime acquittal nonprosecution many dangerous felons enabling continue depredations upon citizens excuse perhaps though immediately see justice department good basis believing allowing prosecutions defeated grounds avoided invocation consistent executive obligation take care laws faithfully executed art ii point point whether continuing refusal consider consistent third branch obligation decide according law think makes unusually assertion provision event appear applicable cases since cases criminal prosecutions within meaning sixth amendment therefore appear criminal prosecution purposes section governed article uniform code military justice rules military rules evidence first point seems questionable meaning terms statutes necessarily parallel meaning constitution moreover even accepting premise apply directly apply indirectly rule military rules evidence requires apply rules evidence generally recognized trial criminal cases district courts second point cited provisions uniform code military rules may though doubt independent reasons confession excluded possibly reasons prevent miranda arizona basis excluding issue us event today bases refusal consider upon fact provision inapplicable upon fact government failed argue refusal present statement addresses davis justice souter justice blackmun justice stevens justice ginsburg join concurring judgment midst questioning naval investigators petitioner said maybe talk lawyer investigators promptly stopped questioning davis killing keith shackleton instead undertook determine whether meant invoke right counsel see miranda arizona according testimony accepted courts davis answered investigators questions point saying asking lawyer want talk lawyer interrogation resume stopping good petitioner said think want lawyer say anything else agree majority constitution forbid law enforcement officers pose questions like directed davis aimed solely clarifying whether suspect ambiguous reference counsel meant assert fifth amendment right accordingly concur judgment affirming davis conviction resting partly evidence statements given agents ascertained wish deal counsel however join davis colleagues conclusion investigators inclined liberty disregard davis reference lawyer entirely accordance general rule interrogators legal obligation discover custodial subject meant ambiguous statement reasonably understood express desire consult lawyer precedent reasonable judgments majority many courts already addressed issue us advocacy considerable body law enforcement officials contrary argue approach today draws sharp line interrogated suspects clearly assert right counsel ante say something may may express desire counsel presence former suspects assured questioning resume davis without counsel present see miranda supra edwards arizona minnick mississippi latter left fend concerns fairness practicality long anchored miranda case law point different response law enforcement officials reasonably know whether suspect wants lawyer ante stop interrogation ask make choice clear question address today open one davis answer requires coherence nearly three decades case law addressing relationship police criminal suspects custodial interrogation throughout period two precepts commanded broad assent miranda safeguards exist assure individual right choose speech silence remains unfettered throughout interrogation process see connecticut barrett quoting miranda supplying emphasis justification miranda rules intended operate real world must consistent practical realities arizona roberson kennedy dissenting rule barring government agents interrogation determine whether suspect ambiguous statement meant request counsel fulfills ambitions assures suspect choice whether deal police counsel scrupulously honored davis miranda supra cf michigan mosley white concurring result faces reasons misunderstandings arise suspect interrogator limitations capacity police trial courts apply fine distinctions intricate rules tested two principles approach adopts fare well first majority expressly acknowledges see ante criminal suspects may miranda words thrust unfamiliar atmosphere run menacing police interrogation procedures seem odd group single demand heightened linguistic care substantial percentage lack anything like confident command english language see de la jara many woefully ignorant miranda supra cf davis north carolina many sufficiently intimidated interrogation process overwhelmed uncertainty predicament ability speak assertively abandon indeed awareness davis realities past dissuaded placing burden clarity upon individuals custody led instead require requests counsel give broad rather narrow interpretation see michigan jackson barrett courts indulge every reasonable presumption johnson zerbst internal quotation marks omitted suspect waived right counsel miranda see oregon bradshaw powell concurring unanimous agreeing miranda right counsel prime example rights requiring special protection knowing intelligent waiver standard internal quotation marks brackets omitted cf minnick scalia dissenting adhered principle nothing less zerbst standard appropriate miranda waivers may standard governing waivers expressed statements deflected away drawing distinction initial waivers miranda rights subsequent decisions reinvoke theory long burden demonstrate waiver rests government fair make suspect shoulder burden showing clear subsequent assertion miranda discredited legitimacy distinction opinion described object warning assure continuous opportunity exercise right silence see also moran burbine stevens dissenting accord davis ontinuous opportunity suggests unvarying one governed common standard effectiveness suggestion confirmed first statement follows questioning suspect indicates manner stage process wishes consult attorney miranda stage obviously includes stage initial waiver commencement questioning indicates manner rule plainly tension indication vengeance see harlan dissenting require exercise continuous right point initial waiver defends tolerable certainty poorly expressed requests counsel disregarded ground miranda warnings suffice alleviate inherent coercion custodial interrogation ante warning delivered conduct interrogation suffice assure right choose silence speech remains unfettered throughout interrogation process defense reflect sound reading case relies moran burbine supra beyond duty inform miranda requires police respect suspect decision exercise rights outlined warnings individual indicates manner time prior questioning wishes remain silent wants attorney interrogation must cease quoting miranda supra davis indeed easy amidst discussion layers protection lose sight real risk majority approach going close core held fifth amendment provides experience timid verbally inept suspect whose existence acknowledges may always closely follow defendant edwards arizona whose purported waiver right counsel made invoked right held ineffective lest police tempted badge others like see michigan harvey indeed may like defendant escobedo illinois supra whose sense dilemma heightened interrogators denial requests talk lawyer suspect understands expressed wishes ignored hypothesis said something objective listener reasonably although necessarily take request contravention rights read interrogator may well see objection futile confession true way end interrogation davis enough say statement either assertion right counsel ante quoting smith illinois omitting brackets internal quotation marks smith neither denied possibility reference counsel ambiguous see accord rehnquist dissenting suggested particular statements considered isolation might fair say every statement meant either express desire deal police counsel fact dictate rule interrogators hear statement consistent either possibility may presume latter forge ahead contrary clarification intuitively sensible course justifications offered requisite level clarity rule ante whatever costs society strong interest effective law enforcement ante maintain ease application long concern miranda jurisprudence respect first point margin difference clarification approach advocated one adopts defined class cases suspect asked make plain meant request davis counsel point questioning cease lost confessions extract real price society one miranda determined borne cf brief americans effective law enforcement et al amici curiae clarification approach preserves interests law enforcement public welfare escobedo system worth preserving fear accused permitted consult lawyer become aware exercise constitutional rights practical application every approach including majority involve difficult judgment calls rule argued relieve davis officer responsibility guessing whether suspect fact wants lawyer even though said ante contrary assure judgment call made party competent resolve ambiguity case law always assumed make individual suspect ii although convinced taken wrong path persuaded petitioner contention even ambiguous statements require end police questioning recognize approach petitioner urges us claim support case law notably indicates manner language miranda deny rule endorse abused clarifying questions shade subtly illicitly badgering suspect wants counsel see thompson wainwright cf state walkowiak may abrahamson concurring suggesting means properly focus clarification enquiry petitioner proposal entirely harmony major themes miranda case law virtues demerits reverse images mark rule plainly wrong example continue interrogation suspect wants stop indicates strong bias favor individual choice may also disserved stopping questioning davis suspect wants continue statement might understood otherwise see michigan mosley white concurring result rejected paternalistic rule protecting defendant intelligent voluntary decisions criminal case costs society losing confessions moreover especially hard bear suspect asked choice chosen continue one need sign majority opinion agree resort rule petitioner argues experience shows less drastic means safeguarding suspects constitutional rights job see generally leon blackmun concurring exclusionary rule exception must tested real world state federal law enforcement attend results footnotes see brief americans effective law enforcement international association chiefs police national district attorneys association national sheriffs association amici curiae approach advocated common sense resolution problem fully accommodates rights subject time preserv ing interests law enforcement public welfare see also brief approach taken fulfill fundamental purpose miranda internal quotation marks omitted majority acknowledges ante declined despite persistence divergent approaches lower courts decide operative rule ambiguous statements see connecticut barrett mueller virginia white dissenting denial certiorari suggests conclusion reaches foreshadowed mcneil wisconsin noted likelihood suspect wish counsel present dispositive addressing degree clarity required activate counsel right let alone endorsing standard embraced today evident page mcneil cited careful say miranda counsel right requires minimum statement reasonably construed expression desire assistance attorney ibid mcneil instead made different familiar point courts may presume silent defendant want lawyer whenever circumstances suggest representation interest may case disposed italicizing words edwards arizona effect suspect clearly assert right questioning must cease see ante even putting aside particular statement case entirely clear highest address question described equivocal see state edwards see also davis edwards decided legal consequences less clear statement miranda saying explicit waivers sufficient settled whether necessary see north carolina butler holding otherwise need edwards identify issue unresolved see barrett supra smith illinois per curiam finally plausible read miranda presage rule account language suggesting questioning need stop request counsel indecisive ante quoting miranda statement quoted however taken holding rather lengthy direct quotation letter solicitor general purporting summarize fbi practice observed consistent rule announced event letter explains fbi policy indecisive suspect may question ed whether waive counsel approach closer one advocated one adopts social science confirms common sense suggest individuals feel intimidated powerless likely speak equivocal nonstandard terms ambiguity equivocation meant see linguistic evidence language power strategy courtroom suspects police interrogation strong candidates effects even resort police third degree abated since miranda basic forms psychological pressure applied police appear changed less compare miranda supra principal psychological factor contributing successful interrogation privacy quoting inbau reid davis criminal interrogations confessions inbau reid buckley criminal interrogation confessions ed principal psychological factor contributing successful interrogation privacy see people harper defendant asked interrogator retrieve attorney business card wallet told necessary held availed right counsel see also cooper dupnik see en banc davis describing elaborate police task force plan ignore systematically suspect requests counsel theory induce hopelessness thereby elicit admission used keep suspect witness stand see oregon haas statements obtained violation miranda rules admissible impeachment purposes indeed smith decision quoting dissent adverts sentence possibility bona fide doubt officer may still whether defendant desires counsel case strictly limited questioning prescribed see people smith opinion simon abstract nothing may seem clear clear statement rule police stations trial courts question clear clear readily answered suspect says uh yeah like told right lawyer clearly asserted right compare smith illinois per curiam statement neither indecisive ambiguous citation omitted rehnquist dissenting questioning clarity see also oregon bradshaw plurality opinion want attorney goes much edwards want attorney making deal cf supra indeed case davis finally said think want lawyer say anything else agents ceased questioning see people kendricks agents need stop interrogation suspect says think might need lawyer cf people santiago app div supply lawyer may ask continue interview moment held unequivocal invocation see generally smith supra rehnquist dissenting noting statements rarely ifferences certainty hesitancy may well turn inflection words spoken especially statement isolated statements surrounding davis practical matter course primary arbiters clarity interrogators tend well courts preferred source determining precise words suspect used inculpatory statement obtained result unrecorded incommunicado interrogation officers rarely lose swearing matches criminal defendants suppression hearings page