edwards arizona argued november decided may arrested state criminal charge informed rights required miranda arizona petitioner questioned police january said wanted attorney questioning ceased january police officers came jail stating wanted talk informing petitioner miranda rights obtained confession said willing talk trial ultimately denied petitioner motion suppress confession finding statement voluntary thereafter convicted arizona held january meeting waived right remain silent right counsel voluntarily gave statement informed rights held use petitioner confession trial violated right fifth fourteenth amendments counsel present custodial interrogation declared miranda supra exercised right january counsel present interrogation petitioner validly waive right pp waiver right counsel invoked must voluntary also must constitute knowing intelligent relinquishment known right privilege however state courts applied erroneous standard determining waiver focusing voluntariness petitioner confession rather whether understood right counsel intelligently knowingly relinquished pp accused invoked right counsel present custodial interrogation valid waiver right established showing responded interrogation advised rights accused petitioner expressed desire deal police counsel subject interrogation counsel made available unless accused initiated communication exchanges conversations police interrogation petitioner january instance authorities confession made without access counsel amount valid waiver hence inadmissible pp white delivered opinion brennan stewart marshall blackmun stevens joined burger filed opinion concurring judgment post powell filed opinion concurring result rehnquist joined post michael meehan appointment argued cause filed briefs petitioner crane mcclennen assistant attorney general arizona argued cause respondent briefs robert corbin attorney general william schafer iii justice white delivered opinion granted certiorari case limited question presented petition relevant part whether fifth sixth fourteenth amendments require suppression confession obtained edwards invoked right consult counsel interrogation january sworn complaint filed edwards arizona state charging robbery burglary murder arrest warrant issued pursuant complaint edwards arrested home later day police station informed rights required miranda arizona petitioner stated understood rights willing submit questioning told another suspect already custody implicated crime edwards denied involvement gave taped statement presenting alibi defense sought make deal interrogating officer told wanted statement authority negotiate deal officer provided edwards telephone number county attorney petitioner made call hung moments edwards said want attorney making deal point questioning ceased edwards taken county jail next morning two detectives colleagues officer interrogated edwards previous night came jail asked see edwards detention officer informed edwards detectives wished speak replied want talk anyone guard told talk took meet detectives officers identified stated wanted talk informed miranda rights edwards willing talk first wanted hear taped statement alleged accomplice implicated listening tape several minutes petitioner said make statement long detectives informed recording irrelevant since testify concerning whatever said edwards replied tell anything want know want tape thereupon implicated crime prior trial edwards moved suppress confession ground miranda rights violated officers returned question invoked right counsel trial initially granted motion suppress reversed ruling presented supposedly controlling decision higher arizona stated without explanation found edwards statement voluntary edwards tried twice convicted evidence concerning confession admitted trials appeal arizona held edwards invoked right remain silent right counsel interrogation conducted night january went determine however edwards waived rights january meeting voluntarily gave statement detectives informed need answer questions need answer without advice counsel trial finding waiver confession voluntarily knowingly made upheld use edward confession trial violated rights fifth fourteenth amendments construed miranda arizona supra reverse judgment arizona ii miranda arizona determined fifth fourteenth amendments prohibition compelled required custodial interrogation preceded advice putative defendant right remain silent also right presence attorney also indicated procedures followed subsequent warnings accused indicates wishes remain silent interrogation must cease requests counsel interrogation must cease attorney present miranda thus declared accused fifth fourteenth amendment right counsel present custodial interrogation critical facts found arizona edwards asserted right counsel right remain silent january police without furnishing counsel returned next morning confront result meeting secured incriminating oral admissions contrary holdings state courts edwards insists exercised right counsel present interrogation validly waive right following reasons agree first arizona applied erroneous standard determining waiver accused specifically invoked right counsel reasonably clear cases waivers counsel must voluntary must also constitute knowing intelligent relinquishment abandonment known right privilege matter depends case upon particular facts circumstances surrounding case including background experience conduct accused johnson zerbst see faretta california north carolina butler brewer williams fare michael considering proceedings state courts light standard note denying petitioner motion suppress trial found admission voluntary app without separately focusing whether edwards knowingly intelligently relinquished right counsel arizona section opinion entitled voluntariness waiver stated arizona confessions prima facie involuntary state burden showing preponderance evidence confession freely voluntarily made stated issue voluntariness determined based totality circumstances related whether accused action knowing intelligent whether overborne trial determines confession voluntary finding upset appeal absent clear manifest error ibid upheld trial finding waiver confession voluntarily knowingly made ibid referring necessity find edwards confession knowing intelligent state cited schneckloth bustamonte yet clear schneckloth control issue presented case issue schneckloth conditions individual found consented search thereby waived fourth amendment rights declined impose intentional relinquishment abandonment known right privilege standard required consent voluntary totality circumstances specifically noted right counsel prime example rights requiring special protection knowing intelligent waiver standard held considerations informed holding miranda simply inapplicable present case schneckloth thus emphasized voluntariness consent admission one hand knowing intelligent waiver discrete inquiries however sound conclusion state courts voluntariness edwards admission may neither trial arizona undertook focus whether edwards understood right counsel intelligently knowingly relinquished thus apparent decision misunderstood requirement finding valid waiver right counsel invoked second although held initially advised miranda rights accused may validly waive rights respond interrogation see north carolina butler supra strongly indicated additional safeguards necessary accused asks counsel hold accused invoked right counsel present custodial interrogation valid waiver right established showing responded custodial interrogation even advised rights hold accused edwards expressed desire deal police counsel subject interrogation authorities counsel made available unless accused initiates communication exchanges conversations police miranda indicated assertion right counsel significant event exercised accused interrogation must cease attorney present later cases abandoned view michigan mosley noted miranda distinguished procedural safeguards triggered request remain silent request attorney required interrogation cease attorney present individual stated wanted counsel see also white concurring fare michael supra referred miranda rigid rule accused request attorney per se invocation fifth amendment rights requiring interrogation cease last term case suspect custody invoked miranda right counsel referred undisputed right miranda remain silent free interrogation consulted lawyer rhode island innis reconfirm views lend substance emphasize inconsistent miranda progeny authorities instance reinterrogate accused custody clearly asserted right counsel concluding fruits interrogation initiated police january used edwards hold imply edwards powerless countermand election authorities event use incriminating statements made edwards prior access counsel edwards initiated meeting january nothing fifth fourteenth amendments prohibit police merely listening voluntary volunteered statements using trial fifth amendment right identified miranda right counsel present custodial interrogation absent interrogation infringement right edwards invoked occasion determine whether valid waiver rhode island innis supra makes sufficiently clear facts case show officers conducting interrogation evening january ceased interrogation edwards requested counsel advised right arizona opinion sufficient invocation miranda rights accord also clear without making counsel available edwards police returned next day suggestion request indeed edwards informed detention officer want talk anyone meeting detectives told edwards wanted talk advised miranda rights edwards stated talk prompted action appear listened request part taped statement made one alleged accomplices made incriminating statement used trial think clear edwards subjected custodial interrogation january within meaning rhode island innis supra occurred instance authorities statement made without access counsel amount valid waiver hence inadmissible accordingly holding arizona edwards waived right counsel infirm judgment reversed ordered footnotes appears record detectives brought trial judge emphasized detectives met edwards january without requested edwards concluded ignored request counsel made previous evening app case state travis app jury first trial unable reach verdict issue disputed state finding question arguable held edwards request attorney assist negotiating deal sufficiently clear within context interrogation must interpreted request counsel request remain silent counsel present thus need decide edwards claim state deprived right counsel sixth fourteenth amendments construed applied massiah case held sixth amendment right counsel arises whenever accused indicted adversary criminal proceedings otherwise begun right violated admissions subsequently elicited accused absence counsel initially conceding opening brief merits edwards right counsel massiah attached immediately formally charged state supplemental brief oral argument took position kirby illinois moore illinois filing formal complaint constitute adversary judicial criminal proceedings necessary trigger sixth amendment right counsel state constitution person shall prosecuted criminally record felony misdemeanor otherwise information indictment person shall prosecuted felony information without preliminary examination magistrate waived preliminary examination ariz art state contends sixth amendment right counsel attach either constitutionally required indictment information filed least earlier preliminary hearing defendant entitled matter proceeds complaint arizona law felony prosecution may commenced way complaint rule criminal procedure complaint written statement essential facts constituting public offense made upon oath magistrate rule upon magistrate either issues arrest warrant dismisses complaint rule arrested accused must taken magistrate hearing rule hearing magistrate ascertains accused true name address informs charges right counsel right remain silent right preliminary hearing charged via complaint rule unless waived preliminary hearing must take place later days defendant placed custody rule purpose hearing determine whether probable cause exists hold defendant trial rule background support position state relies moore illinois supra recognizing illinois law prosecution case commenced victim complaint filed noted adversary judicial criminal proceedings initiated ensuing preliminary hearing occurred moore supra cf duvall filing complaint issuance arrest warrant trigger right counsel sixth amendment right accruing upon proceedings cert denied arizona address sixth amendment question brewer williams massiah sixth amendment right counsel accrued held valid waiver counsel right inferred mere response accused overt subtle forms interrogation efforts elicit incriminating information massiah brewer counsel engaged appointed admissions question elicited absence mcleod ohio summarily reversed decision police elicit information indictment even though counsel yet appointed frequently occur course meeting initiated accused conversation wholly likely officers say something clearly interrogation event question whether valid waiver right counsel right silence occurred whether purported waiver knowing intelligent found totality circumstances including necessary fact accused police reopened dialogue authorities various decisions courts appeals effect valid waiver accused previously invoked fifth amendment right counsel possible see white finkbeiner certain instances various reasons person custody previously requested counsel may knowingly voluntarily decide longer wishes represented counsel cert pending kennedy fairman en banc stating makes sense hold accused requested counsel may never actually talked counsel change mind decide speak police without attorney present cert denied see generally cobbs robinson grant vacated grounds sub nom whitehead hart hauck rule fifth circuit knowing intelligent waiver found fifth amendment right counsel clearly invoked unless accused initiates renewed contact see massey priest waiver possible however request counsel equivocal nash estelle en banc see thompson wainwright need decide whether valid waiver counsel events january first interrogation edwards subjected cf north carolina butler chief justice burger concurring judgment concur judgment agree either constitutional standard holding miranda arizona distinguished dicta calls special rule accused custody may waive right free interrogation extraordinary protections afforded person custody suspected criminal conduct without valid basis good things carried far notion prompting person custody somehow evil per se rejected rhode island innis inquiry setting whether resumption interrogation result voluntary waiver inquiry resolved traditional standards established johnson zerbst waiver ordinarily intentional relinquishment abandonment known right privilege determination whether intelligent waiver must depend case upon particular facts circumstances surrounding case including background experience conduct accused detention officer told edwards detectives see told officer wish speak anyone officer told emphasis added justice powell justice rehnquist joins concurring result although agree judgment arizona must reversed join opinion sure means agree much opinion settled rule reasonably clear cases waivers counsel must voluntary must also constitute knowing intelligent relinquishment abandonment known right privilege matter depends case upon particular facts circumstances surrounding case including background experience conduct accused johnson zerbst see faretta california north carolina butler brewer williams fare michael ante opinion today however reiterating familiar principles waiver goes say hold accused edwards expressed desire deal police counsel subject interrogation authorities counsel made available unless accused initiate communication exchanges conversations police ante emphasis added perhaps opinion read departing established doctrine accepting formulation quoted two questions identifiable fact interrogation see rhode island innis ii police initiate questions course relevant admissibility confession case example clear edwards taken cell subjected renewed interrogation whether described initiated interrogation way clearly questioning circumstances incompatible voluntary waiver fundamental right counsel cases clear one communications police suspect custody commonplace useful contrast circumstances case typical permissible custodial communications police suspect asked counsel example police impermissibly initiate renewed interrogation engaging routine conversations suspects unrelated matters police legitimately may inquire whether suspect changed mind speaking without attorney state turner app see state crisler state marcum app unusual person custody previously expressed unwillingness talk desire lawyer change mind even welcome opportunity talk nothing constitution erects obstacles preclude police ascertaining whether suspect reconsidered original decision justice white observed consistently rejected paternalistic rule protecting defendant intelligent voluntary decisions criminal case michigan mosley white concurring result sum warnings given right counsel invoked relevant inquiry whether suspect desires talk police without counsel question fact determined light circumstances initiated conversation may relevant question waiver sine qua non inquiry ultimate question whether free knowing waiver counsel interrogation commenced opinion nothing restate principles agreement hesitate join opinion appears undue undefined emphasis single element initiation justice white noted miranda arizona imposed general prophylactic rule manifestly required anything text constitution white dissenting see michigan tucker miranda recognized moreover counsel assistance waived opinion warren waiver always evaluated general formulation zerbst standard quoted concern opinion today may read constitutionalizing generalized zerbst standard single element fact among various facts may relevant determining whether valid waiver justice white noted michigan mosley although recently arrested individual may indicated initial desire answer questions nonetheless want know immediately true ability explain particular incriminating fact supply alibi particular time period result immediate release similarly might wish know true case unusually strong immediate cooperation authorities apprehension conviction others recovery property redound benefit form reduced charge step taken demonstrably clear traditional waiver standard ineffective indication multitude cases come us term zerbst progeny failed protect constitutional rights