minnick mississippi argued october decided december petitioner minnick arrested mississippi warrant capital murder interrogation federal law enforcement officials ended requested lawyer subsequently communicated appointed counsel two three times interrogation reinitiated county deputy sheriff minnick told refuse talk minnick confessed motion suppress confession denied convicted sentenced death state rejected argument confession taken violation inter alia fifth amendment right counsel reasoning rule edwards arizona accused requests counsel officials may reinitiate questioning counsel made available apply since counsel made available held counsel requested interrogation must cease officials may reinitiate interrogation without counsel present whether accused consulted attorney context requirement counsel made available accused refers opportunity consult attorney outside interrogation room right attorney present custodial interrogation rule appropriate necessary since single consultation attorney remove suspect persistent attempts officials persuade waive rights coercive pressures accompany custody may increase prolonged proposed exception inconsistent edwards purpose protect suspect right counsel present custodial interrogation miranda arizona theory opportunity consult one attorney substantially counteract compulsion created custodial interrogation specifically rejected also undermine advantages flowing edwards clear unequivocal character since respondent formulation rule edwards protection reinstated subsequent request counsel pass existence multiple times vagary spread confusion justice system lead loss respect underlying constitutional principle exception leave uncertain sort consultation required displace edwards addition allowing suspect whose counsel prompt lose edwards protection one whose counsel dilatory distort proper conception attorney duty client set course odds effective representation since minnick interrogation initiated police formal interview compelled attend minnick previously made specific request counsel impermissible pp miss reversed remanded kennedy delivered opinion white marshall blackmun stevens joined scalia filed dissenting opinion rehnquist joined post souter took part consideration decision case floyd abrams argued cause petitioner briefs anthony paduano clive stafford smith marvin white assistant attorney general mississippi argued cause respondent brief mike moore attorney general david debruin donald verrilli filed brief mississippi state bar amicus curiae urging reversal solicitor general starr assistant attorney general dennis deputy solicitor general bryson nina goodman filed brief amicus curiae urging affirmance justice kennedy delivered opinion protect privilege guaranteed fifth amendment held police must terminate interrogation accused custody accused requests assistance counsel miranda arizona reinforced protections miranda edwards arizona held accused requests counsel officials may reinitiate questioning counsel made available issue case us whether edwards protection ceases suspect consulted attorney petitioner robert minnick fellow prisoner james dyess escaped county jail mississippi day later broke mobile home search weapons course burglary interrupted arrival trailer owner ellis thomas accompanied lamar lafferty lafferty infant son dyess minnick used stolen weapons kill thomas senior lafferty minnick story dyess murdered one victim forced minnick shoot escapees get away two young women arrived mobile home held gunpoint bound hand foot dyess minnick fled thomas truck abandoning vehicle new orleans fugitives continued mexico fought minnick proceeded alone california minnick arrested lemon grove california mississippi warrant four months murders confession issue resulted last interrogation minnick held san diego jail first recount events preceded minnick arrested friday august petitioner testified mistreated local police arrest day following arrest saturday two fbi agents came jail interview petitioner testified refused go interview told go else app fbi report indicates agents read petitioner miranda warnings acknowledged understood rights refused sign rights waiver form however said answer many questions minnick told agents jail break flight described dyess threatened beat early interview sobbed life otherwise hesitated tell happened trailer agents reminded answer questions without lawyer present according report minnick stated come back monday lawyer stated make complete statement lawyer present app fbi interview ended fbi interview appointed attorney met petitioner petitioner spoke lawyer two three occasions though clear record whether conferences person monday august deputy sheriff denham clarke county mississippi came san diego jail question minnick minnick testified jailers told talk denham refuse denham advised petitioner rights petitioner declined sign rights waiver form petitioner told denham escape proceeded describe events mobile home according petitioner dyess jumped mobile home shot first two victims back shotgun head pistol dyess handed pistol petitioner ordered shoot victim holding shotgun petitioner petitioner also said two girls arrived talked dyess raping otherwise hurting minnick tried murder mississippi moved suppress statements given fbi police officers including denham trial denied motion respect petitioner statements denham suppressed statements petitioner convicted two counts capital murder sentenced death appeal petitioner argued confession denham taken violation rights counsel fifth sixth amendments mississippi rejected claims respect fifth amendment aspect case found edwards rule initiation inapplicable relying language edwards indicating bar interrogating accused request counsel applies counsel made available quoting edwards arizona supra concluded ince counsel made available minnick fifth amendment right counsel satisfied also rejected sixth amendment claim finding petitioner waived sixth amendment right counsel spoke denham granted certiorari without reaching sixth amendment implications case decide fifth amendment protection edwards terminated suspended consultation counsel miranda arizona supra indicated individual custody invokes right counsel interrogation must cease attorney present point individual must opportunity confer attorney present subsequent questioning edwards gave force admonitions finding inconsistent miranda progeny authorities instance reinterrogate accused custody clearly asserted right counsel held accused invoked right counsel present custodial interrogation valid waiver right established showing responded custodial interrogation even advised rights accused requests attorney expressed desire deal police counsel subject interrogation authorities counsel made available unless accused initiates communication exchanges conversations police edwards designed prevent police badgering defendant waiving previously asserted miranda rights michigan harvey see also smith illinois rule ensures statement made subsequent interrogation result coercive pressures edwards conserves judicial resources otherwise expended making difficult determinations voluntariness implements protections miranda practical straightforward terms merit edwards decision lies clarity command certainty application confirmed edwards rule provides clear unequivocal guidelines law enforcement profession arizona roberson cf moran burbine even edwards noted miranda relatively rigid requirement interrogation must cease upon accused request attorney virtue informing police prosecutors specificity may conducting custodial interrogation informing courts circumstances statements obtained interrogation admissible gain specificity benefits accused state alike thought outweigh burdens decision miranda imposes law enforcement agencies courts requiring suppression trustworthy highly probative evidence even though confession might voluntary traditional fifth amendment analysis fare michael explanation applies well edwards progeny arizona roberson supra mississippi relied statement edwards accused invokes right counsel subject interrogation authorities counsel made available interpret language mean mississippi thought protection edwards terminates counsel consulted suspect context requirement counsel made available accused refers opportunity consult attorney outside interrogation room edwards focused miranda instruction accused invokes right counsel interrogation must cease attorney present emphasis added agreeing edwards contention waived right counsel present custodial interrogation emphasis added sentence preceding language quoted mississippi referred right counsel present custodial interrogation sentence following quoted phrase interrogation must cease attorney present miranda emphasis added full sentence relied mississippi moreover says hold accused edwards expressed desire deal police counsel subject interrogation authorities counsel made available unless accused initiates communication exchanges conversations police ibid emphasis added emphasis counsel presence interrogation unique edwards derives miranda said cases us presence counsel adequate protective device necessary make process police interrogation conform dictates fifth amendment privilege presence insure statements made atmosphere product compulsion see fare michael supra cases following edwards interpreted decision mean authorities may initiate questioning accused counsel absence writing plurality instance rehnquist described holding edwards subsequent incriminating statements made without edwards attorney present violated rights secured defendant fifth fourteenth amendments constitution oregon bradshaw emphasis added see also arizona roberson supra rule edwards case came corollary miranda admonition individual wants attorney interrogation must cease attorney present shea louisiana edwards arizona ruled criminal defendant rights fifth fourteenth amendments violated use confession obtained interrogation without counsel present requested attorney descriptions edwards holding consistent statement reserving integrity accused choice communicate police counsel essence edwards progeny patterson illinois view fair reading edwards subsequent cases demonstrates interpreted rule bar interrogation unless accused counsel time questioning whatever ambiguities earlier cases point hold counsel requested interrogation must cease officials may reinitiate interrogation without counsel present whether accused consulted attorney consider ruling appropriate necessary application edwards rule single consultation attorney remove suspect persistent attempts officials persuade waive rights coercive pressures accompany custody may increase custody prolonged case us well illustrates pressures abuses may concomitants custody petitioner testified though resisted required submit fbi denham interviews latter instance compulsion submit interrogation followed petitioner unequivocal request fbi interview questioning cease counsel present case illustrates also consultation always effective instructing suspect rights one plausible interpretation record petitioner thought keep admissions evidence refusing sign formal waiver rights authorities complied minnick request counsel present interrogation attorney corrected minnick misunderstanding indeed counseled need make statement decline remove protection questioning based isolated consultations counsel absent interrogation resumes exception edwards proposed inconsistent edwards purpose protect suspect right counsel present custodial interrogation inconsistent well miranda specifically rejected respondent theory opportunity consult one attorney substantially counteract compulsion created custodial interrogation noted miranda ven preliminary advice given accused attorney swiftly overcome secret interrogation process thus need counsel protect fifth amendment privilege comprehends merely right consult counsel prior questioning also counsel present questioning defendant desires citation omitted exception proposed furthermore undermine advantages flowing edwards clear unequivocal character respondent concedes even consultation counsel second request counsel reinstate edwards protection invited formulation adopt regime edwards protection pass existence multiple times prior arraignment point protection might reattach virtue sixth amendment jurisprudence see michigan jackson vagaries sort spread confusion justice system lead consequent loss respect underlying constitutional principle addition adopting rule proposed leave far certain sort consultation required displace edwards consultation precise concept may encompass variations telephone call say attorney route hurried interchange attorney client detention facility corridor lengthy conference attorney gives full adequate advice respecting matters might covered interrogations even necessary scope consultation settled officials charge case confirm occurrence possibly extent consultation determine whether interrogation permissible necessary inquiries interfere privilege added difficulties definition application proposed rule concern consequence suspect whose counsel prompt lose protection edwards one whose counsel dilatory irony result strong possibility distort proper conception attorney duty client set us course odds effective representation waiver rights admission guilt consistent affirmation individual responsibility principle criminal justice system detract principle however insist neither admissions waivers effective unless particular systemic assurances coercive pressures custody inducing cause edwards rule sets forth specific standard fulfill purposes declined confine instances see arizona roberson detract efficacy rule remove protections based consultation counsel edwards foreclose finding waiver fifth amendment protections counsel requested provided accused initiated conversation discussions authorities case us doubt interrogation question initiated police formal interview petitioner compelled attend since petitioner made specific request counsel interview interrogation impermissible petitioner statement denham admissible trial judgment reversed case remanded proceedings inconsistent opinion ordered justice souter took part consideration decision case justice scalia chief justice joins dissenting today establishes irrebuttable presumption criminal suspect invoking miranda right counsel never validly waive right encounter even suspect provided multiple miranda warnings actually consulted attorney holding builds foundations already established edwards arizona rule edwards rule constitutional command obligation justify expansion arizona roberson kennedy dissenting see justification applying edwards irrebuttable presumption criminal suspect actually consulted attorney respectfully dissent recapitulation pertinent facts order given contention case us well illustrates pressures abuses may concomitants custody ante undisputed fbi agents first interviewed minnick saturday august advised miranda rights questioning began although refused sign waiver form agreed talk agents described escape prison mississippi ensuing events came happened trailer however minnick hesitated fbi agents reminded answer questions without lawyer present minnick indicated finish account monday lawyer fbi agents terminated interview forthwith minnick provided attorney consulted several times weekend minnick testified subsequent suppression hearing talked attorney two different times might three different times told first day lawyer appointed talk nobody tell nobody nothing sign waivers sign extradition papers sign anything going get order police advised fbi talking advised tell anybody anything going get order drawn restrict anybody talking outside san diego police department app went several different conversations first everybody back county jail everybody heard mama went talked mama seen brother tracy several different questions pertaining things went escape went county jail app minnick later extradited tried murder mississippi trial moved suppress statements given fbi agents denham san diego jail trial granted motion respect statements made fbi agents ordered hearing admissibility statements made denham receiving testimony minnick denham concluded minnick confession freely voluntarily given evidence beyond reasonable doubt allowed denham describe minnick confession jury today reverses trial conclusion holds minnick asked counsel interview fbi agents matter law validly waive right counsel present conversation initiated denham minnick original request see attorney honored minnick consulted attorney several occasions attorney specifically warned minnick speak authorities irrelevant minnick familiar criminal justice system general miranda warnings particular previously convicted robbery mississippi assault deadly weapon california also beside point confession must suppressed compelled even obtained individual realistically assumed unaware rights simply sees fit prescribe systemic assuranc ante person custody asked counsel thereafter approached police unless counsel present course constitution proscription compelled testimony remotely authorize incursion upon state practices even recent precedents valid excuse ii miranda arizona declared criminal suspect right counsel present custodial interrogation prophylactic assurance inherently compelling pressures interrogation violate fifth amendment miranda hold inherently compelling pressures precluded suspect waiving right counsel present contrary opinion recognized state establish suspect knowingly intelligently waived right retained appointed counsel purpose expressly adopted high standar proof waiver constitutional rights set forth johnson zerbst zerbst waiver standard means applying familiar waiver intentional relinquishment abandonment known right privilege whether relinquishment abandonment occurred depends case upon particular facts circumstances surrounding case including background experience conduct accused ibid applied zerbst approach many contexts state bears burden showing waiver constitutional criminal procedural rights see faretta california right assistance counsel trial brookhart janis right confront adverse witnesses adams ex rel mccann right trial jury notwithstanding acknowledgment miranda rights rights protected constitution instead measures insure right compulsory protected michigan tucker adhered principle nothing less zerbst standard waiver constitutional rights applies waiver miranda rights edwards however refrained imposing higher standard waiver miranda rights example michigan mosley rejected proposed irrebuttable presumption criminal suspect invoking miranda right remain silent validly waive right subsequent questioning police north carolina butler rejected proposed rule waivers miranda rights must deemed involuntary absent explicit assertion waiver suspect fare michael declined hold waivers miranda rights juveniles per se involuntary edwards however broke approach holding defendant waiver miranda right counsel made course encounter requested counsel counsel provided per se involuntary case stands solitary exception waiver jurisprudence sure desirable consequences described today opinion narrow context applies provides assurance confessions result coercive pressures ante prevent police badgering defendant ante quoting michigan harvey conserves judicial resources otherwise expended making difficult determinations voluntariness ante provides clear unequivocal guidelines law enforcement profession ibid quoting arizona roberson rule simply excludes confessions persons police custody value prophylactic rule assuming authority adopt prophylactic rule must assessed basis gained also basis lost contexts thought consequences abandoning zerbst outweighed need police questioning tool effective enforcement criminal laws moran burbine admissions guilt said merely desirable essential society compelling interest finding convicting punishing violate law ibid citation omitted iii case course called upon reconsider edwards simply determine whether irrebuttable presumption continue suspect actually consulted attorney whatever justifications might support edwards even less convincing context discussion edwards stresses repeatedly various formulations case emphasis upon right counsel present custodial interrogation ante quoting emphasis added beside point existence importance right counsel present unquestioned questioned state given opportunity prove zerbst right voluntarily waived suspect read miranda rights twice consulted counsel least twice chose speak police officer admit involvement two murders without counsel present edwards assert principle waiver miranda right counsel present possible simply adopted presumption waiver voluntary certain circumstances issue us today broadly circumstances defined view extend beyond circumstances present edwards suspect custody asked consult attorney interrogated attorney ever provided circumstances edwards rule rests upon assumption similar miranda suspect police custody first questioned likely ignorant rights feel isolated hostile environment likelihood thought justify special protection unknowing coerced waiver rights suspect seen request attorney honored however actually spoken attorney probabilities change suspect knows advocate side police permit consult advocate almost certainly also heightened awareness miranda warning provide right remain silent since earliest opportunity lawyer worth salt tell suspect uncertain terms make statement police circumstances watts indiana opinion jackson circumstances irrebuttable presumption confession result ignorance rights coercion genuine basis fact first consultation therefore edwards exclusionary rule cease apply mean implies police thereafter license badger suspect one means badger asking without insistence frequency constitute coercion whether like reconsider decision confess nothing constitution basis intervention prohibits inquiry may often produce desirable result voluntary confession police inquiry becomes protracted threatening constitute coercion zerbst standard afford needed protection one underestimate extent expansion edwards constricts law enforcement today ruling invocation right counsel permanently prevents waiver makes largely impossible police urge prisoner initially declined confess change mind indeed even ask whether changed mind many persons custody invoke miranda right counsel first interrogation permanent prohibition attach almost certainly request obtain counsel arraignment held general request counsel sixth amendment right attached also triggers edwards prohibition confessions see michigan jackson presume perpetuality prohibition announced today opinion applies context well perpetuality strong term since although rejects one logical moment edwards presumption might end suggests alternative case minnick reapproached police three days requested counsel result presumably three months three years even three decades perpetual irrebuttable presumption apply might add merely interrogations involving original crime involving subjects well see arizona roberson besides repeating uncontroverted proposition suspect right counsel present stresses clarity simplicity achieved today holding clear simple rules desirable pursuance authority possess authorized fifth amendment exclude confessions compelled interpreted include confessions police obtain suspect custody without knowing voluntary waiver right remain silent undoubtedly rules adopted implement principle marking situations knowledge voluntariness possibly established example rule excluding confessions obtained five hours continuous interrogation rule excluding confessions follow upon even slightest police inquiry conceivably justified basis rest upon reasonable prediction confessions even confessions unaccompanied knowing voluntary waiver argued true category confessions excluded edwards rule think discussed presumption involuntariness least plausible category event clear rational line category present one see nothing said expanding upon past mistake drawing distinction inquiry consultation counsel inquiry consultation counsel assuredly reasonable distinctions edwards already led us distinction inquiry assertion miranda right remain silent inquiry assertion miranda right counsel see kamisar edwards bradshaw cases giveth taketh away trends developments choper kamisar tribe eds ither mosley wrongly decided edwards distinction needed prove waiver miranda right counsel present needed prove waiver rights found constitution rest arguments answered briefly suggestion either impossible ethically impermissible determine whether consultation suspect attorney occurred alarmist since described main purpose consultation requirement eliminate suspect feeling isolation assure presence legal assistance discussion attorney asks contact provided connection arrest suffice precise content discussion irrelevant irony suspect whose counsel prompt lose protection edwards one whose counsel dilatory ante seems irony applying special protection needed edwards rule premised already tenuous assumption suspect psychological state event consultation renders assumption invalid rule longer apply one searching ironies state law consider first irony created edwards suspect custody says categorically wish discuss matter asked change mind say tentatively think discuss matter without attorney present longer approached added today decision irony far harder state establish knowing voluntary waiver fifth amendment rights prisoner already consulted counsel newly arrested suspect finally concern edwards protection pass existence multiple times ante apply resolution matter proposed edwards cease apply permanently consultation counsel occurred seems obvious even edwards surely today decision gone far beyond genuine concern suspects know right remain silent coerced abandon holdings explicable view effort protect suspects regarded folly criminal know better confess suffer lack mental endowment providing attorney every stage might induced persuaded though coerced incriminate even odds apart fact protective enterprise beyond authority fifth amendment provision constitution unwise procedural protections constitution protect guilty well innocent objective set guilty free clever criminals may employ protections advantage poor reason allow criminals done escape justice thus even concede honest confession foolish mistake welcome rather reject rule foolish mistakes count leave offenders unconvicted undetected fundamentally however wrong subtly corrosive criminal justice system regard honest confession mistake every person entitled stand silent virtuous wrongdoer admit offense accept punishment deserves society wrongdoer admissio guilt coerced inherently desirable washington advances goals justice rehabilitation michigan tucker emphasis added confession rightly regarded sentencing guidelines warranting reduction sentence demonstrates recognition affirmative acceptance personal responsibility criminal conduct sentencing commission guidelines manual beginning reform rejoice honest confession rather pity poor fool made regret attempted retraction good act rather seek facilitate encourage design laws premises contrary abandon belief either personal responsibility moral claim government obedience cf caplan questioning miranda today decision misguided seems readily exchanging marginal protection genuinely compelled testimony investigators ability urge even ask person custody right