michigan mosley argued october decided december respondent arrested connection certain robberies advised detective accordance miranda arizona obliged answer questions remain silent wished made oral written acknowledgment miranda warnings declined discuss robberies whereupon detective ceased interrogation two hours later giving miranda warnings another detective questioned respondent solely unrelated murder respondent made inculpatory statement later used trial murder resulted conviction appellate reversed ground miranda mandated cessation interrogation respondent declined answer first detective questions held admission evidence respondent incriminating statement violate miranda principles respondent right cut questioning scrupulously honored police immediately ceased robbery interrogation respondent refusal answer commenced questioning murder significant time lapse fresh set warnings given respondent westover distinguished pp app vacated remanded stewart delivered opinion burger blackmun powell rehnquist joined white filed opinion concurring result post brennan filed dissenting opinion marshall joined post thomas khalil argued cause petitioner brief william cahalan dominick carnovale robert reuther carl ziemba argued cause filed brief respondent frank carrington fred inbau william lambie wayne schmidt filed brief americans effective law enforcement amicus curiae urging reversal justice stewart delivered opinion respondent richard bert mosley arrested detroit early afternoon april connection robberies recently occurred blue goose bar white tower restaurant city lower east side arresting officer detective james cowie armed robbery section detroit police department acting tip implicating mosley three men robberies effecting arrest detective cowie brought mosley robbery breaking entering bureau police department located fourth floor departmental headquarters building officer advised mosley rights decision miranda arizona read sign department constitutional rights notification certificate filling necessary arrest papers cowie began questioning mosley robbery white tower restaurant mosley said want answer questions robberies cowie promptly ceased interrogation completion arrest papers questioning mosley together took approximately minutes time questioning mosley indicate desire consult lawyer claim procedures followed point fully comply strictures miranda opinion mosley taken cell block shortly detective hill detroit police department homicide bureau brought mosley cell block office homicide bureau questioning fatal shooting man named leroy williams williams killed january holdup attempt outside ranch bar detroit mosley arrested charge interrogated detective cowie questioning mosley homicide detective hill carefully advised miranda rights mosley read notification form silently aloud detective hill read explained warnings sign form mosley first denied involvement williams murder officer told anthony smith confessed participating slaying named shooter mosley made statement implicating homicide interrogation detective hill lasted approximately minutes time course mosley ask consult lawyer indicate want discuss homicide short claim procedures followed detective hill interrogation mosley standing alone fully comply strictures miranda opinion mosley subsequently charged information murder trial moved suppress incriminating statement number grounds among claim doctrine miranda case constitutionally impermissible detective hill question williams murder told detective cowie want answer questions robberies trial denied motion suppress evidentiary hearing incriminating statement subsequently introduced evidence mosley trial jury convicted mosley murder imposed mandatory sentence life imprisonment appeal michigan appeals mosley renewed previous objections use incriminating statement evidence appellate reversed judgment conviction holding detective hill interrogation mosley per se violation miranda doctrine accordingly without reaching mosley contentions remanded case new trial instructions mosley statement suppressed evidence app appeal denied michigan state filed petition certiorari granted writ important constitutional question presented miranda case promulgated set safeguards protect constitutional rights persons subjected custodial police interrogation sum held case unless law enforcement officers give certain specified warnings questioning person custody follow certain specified procedures course subsequent interrogation statement made person custody objection admitted evidence defendant trial even though statement may fact wholly voluntary see michigan tucker neither party present case challenges continuing validity miranda decision guidelines established protect said person constitutional privilege compulsory issue case rather whether conduct detroit police led mosley incriminating statement fact violate miranda guidelines render statement inadmissible evidence mosley trial resolution question turns almost entirely interpretation single passage miranda opinion upon michigan appellate relied finding per se violation miranda warnings given subsequent procedure clear individual indicates manner time prior questioning wishes remain silent interrogation must cease point shown intends exercise fifth amendment privilege statement taken person invokes privilege product compulsion subtle otherwise without right cut questioning setting interrogation operates individual overcome free choice producing statement privilege invoked evident possible literal interpretations lead absurd unintended results permit continuation custodial interrogation momentary cessation clearly frustrate purposes miranda allowing repeated rounds questioning undermine person questioned extreme blanket prohibition taking voluntary statements permanent immunity interrogation regardless circumstances transform miranda safeguards wholly irrational obstacles legitimate police investigative activity deprive suspects opportunity make informed intelligent assessments interests clearly therefore neither passage passage miranda opinion sensibly read create per se proscription indefinite duration upon questioning police officer subject person custody indicated desire remain silent reasonable faithful interpretation miranda opinion must rest intention case adopt fully effective means notify person right silence assure exercise right scrupulously honored critical safeguard identified passage issue person right cut questioning exercise option terminate questioning control time questioning occurs subjects discussed duration interrogation requirement law enforcement authorities must respect person exercise option counteracts coercive pressures custodial setting therefore conclude admissibility statements obtained person custody decided remain silent depends miranda whether right cut questioning scrupulously honored review circumstances leading mosley confession reveals right cut questioning fully respected case initial interrogation mosley carefully advised obligation answer questions remain silent wished orally acknowledged understood miranda warnings signed printed form mosley stated want discuss robberies detective cowie immediately ceased interrogation try either resume questioning way persuade mosley reconsider position interval two hours mosley questioned another police officer another location unrelated holdup murder given full complete miranda warnings outset second interrogation thus reminded remain silent consult lawyer carefully given full fair opportunity exercise options subsequent questioning undercut mosley previous decision answer detective cowie inquiries detective hill resume interrogation white tower restaurant robbery inquire blue goose bar robbery instead focused exclusively leroy williams homicide crime different nature time place occurrence robberies mosley arrested interrogated detective cowie although clear record much detective hill knew earlier interrogation questioning mosley unrelated homicide quite consistent reasonable interpretation mosley earlier refusal answer questions robberies case therefore police failed honor decision person custody cut questioning either refusing discontinue interrogation upon request persisting repeated efforts wear resistance make change mind contrast practices police immediately ceased interrogation resumed questioning passage significant period time provision fresh set warnings restricted second interrogation crime subject earlier interrogation michigan appeals viewed case factually similar westover companion case miranda controlling facts two cases strikingly different westover petitioner arrested kansas city police taken police station without giving advisory warnings kind westover police questioned night throughout next morning various local robberies noon three fbi agents took gave advisory warnings westover proceeded question two california bank robberies two hours questioning petitioner confessed california crimes held confession obtained fbi inadmissible interrogation leading petitioner statement followed heels prolonged questioning commenced continued kansas city police without preliminary warnings westover kind found federal authorities beneficiaries pressure applied local interrogation belated warnings given federal officers sufficient protect westover point view warnings came end interrogation process contrast police gave full miranda warnings mosley outset interrogation subjected brief period initial questioning suspended questioning entirely significant period beginning interrogation led incriminating statement cardinal fact westover failure police officers give warnings whatever person custody embarking intense prolonged interrogation simply present case michigan appeals mistaken therefore believing detective hill questioning mosley permitted westover decision mich reasons conclude admission evidence mosley incriminating statement violate principles miranda arizona accordingly judgment michigan appeals vacated case remanded proceedings inconsistent opinion ordered footnotes original tip detective cowie however implicated mosley williams murder mosley counsel evidentiary hearing detective hill conceded smith fact confessed denied physical participation robbery see infra addition claim detective hill questioning violated miranda mosley contended statement product illegal arrest statement inadmissible taken judicial officer without unnecessary delay obtained trickery promises leniency argued circumstances either independently combination required suppression incriminating statement warnings must inform person custody right remain silent statement make may used evidence right presence attorney either retained appointed present case involve procedures followed person custody asks consult lawyer since mosley made request time procedures detailed miranda opinion follows individual wants attorney interrogation must cease attorney present time individual must opportunity confer attorney present subsequent questioning individual obtain attorney indicates wants one speaking police must respect decision remain silent mean suggested police station must station house lawyer present times advise prisoners mean however police propose interrogate person must make known entitled lawyer afford one lawyer provided prior interrogation authorities conclude provide counsel reasonable period time investigation field carried may refrain without violating person fifth amendment privilege long question time state individual indicates desire remain silent attorney present may circumstances questioning permissible absence evidence overbearing statements made presence counsel might free compelling influence interrogation process might fairly construed waiver privilege purposes statements miranda opinion relevant present case since mosley attorney present time declined answer detective cowie questions officer continue question mosley instead ceased interrogation compliance miranda dictates instructive note vast majority federal state courts presented issue concluded miranda opinion create per se proscription interrogation person questioned indicated desire remain silent see hill whealon collins en banc jennings choice supp ed mcintyre new york supp edny people naranjo people pittman state mcclelland iowa state law conway state md app state state godfrey neb people gary state bishop commonwealth grandison state robinson hill state tex crim app state estrada see also people fioritto cal permitting suspect police initiate questioning citation cases imply view merits particular decision dissenting opinion asserts miranda established requirement person indicated desire remain silent questioning may resumed counsel present post clearly miranda imposed requirement distinguished procedural safeguards triggered request remain silent request attorney directed interrogation must cease attorney present individual wants attorney detective cowie gave testimony suppression hearing concerning scope mosley earlier refusal answer questions think time declined answer whether involved declined answer yes anything robberies suppression hearing mosley way dispute cowie testimony trial judge denied motion suppress incriminating statement mosley offer somewhat different version earlier refusal answer detective cowie questions briefs submitted mosley counsel michigan appeals accepted detective cowie account interrogation correct michigan appeals decided case factual premise oral argument counsel discussed case solely terms cowie description events justice white concurring result concur result much majority reasoning however appears effort make limited holding case majority implied custodial confessions suppressed even though follow informed voluntary waiver defendant rights majority seems say statement obtained within unspecified time assertion individual right silence always inadmissible even result informed voluntary decision following example disclosure individual piece information bearing waiver decision police failed give prior assertion privilege gave immediately thereafter indeed ante majority characterizes absurd contrary rule disagree think majority conclusion compelled miranda arizona suspect final analysis majority adopt voluntariness standard judge waiver right silence properly informed defendant think say miranda holds custody creates inherent compulsion individual incriminate response questions statements obtained circumstances therefore obtained violation fifth amendment privilege compelled testimonial unless privilege knowingly intelligently waived also holds individual deemed made knowing intelligent waiver right silence unless authorities first informed inter alia right threshold requirement intelligent decision exercise convinced miranda required constitution decided however least support law miranda proposition rights never deemed waived unless defendant first expressly advised existence carnley cochran boykin alabama fed rules crim proc little support law common sense proposition informed waiver right may ineffective even voluntarily made indeed law exactly contrary tollett henderson brady mcmann richardson parker north carolina unless individual incompetent past rejected paternalistic rule protecting defendant intelligent voluntary decisions criminal case faretta california imprison man privileges adams ex rel mccann disregard respect individual lifeblood law faretta california supra reluctant conclude miranda stands proposition language miranda compels result basic rationale majority points statement miranda requiring interrogation cease assertion right silence tells us nothing indicate soon interrogation may resume showed next paragraph moreover wanted create per se rule interrogation assertion right knew said individual wants attorney interrogation must cease attorney present ibid however individual indicates decide unaided counsel whether assert right silence situation different situation miranda simply said interrogation continues without presence attorney statement taken heavy burden rests government demonstrate defendant knowingly intelligently waived privilege right retained appointed counsel apparently although placing heavy burden government miranda intended waiver right silence tested normal standards event insofar miranda decision might read require interrogation cease magical unspecified period time following assertion right silence reject voluntariness standard judge informed waivers right disapproved inconsistent otherwise uniformly applied legal principles justifying implication questioning must inevitably cease unspecified period time following exercise right silence majority says requirement necessary avoid undermining person questioned yet surely waiver right silence obtained undermining person questioned considered involuntary waiver thus order achieve majority stated purpose sufficient exclude confessions result involuntary waivers exclude others deprive factfinding process highly probative information reason repeated rounds questioning following assertion privilege majority worried course count heavily state determination voluntariness particularly reason new facts communicated accused new incident inquired appeared repeated questioning reason however rob accused choice answer questions voluntarily unspecified period time following previous contrary decision state majority rule may cause accused injury 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 certainly individual lawyer one interested information even communication information followed closely assertion right silence individual requested counsel chosen instead make decisions regarding conversations authorities deprived even temporarily information relevant decision question proper procedure following expression individual desire consult counsel presented case sufficient note reasons keep lines communication authorities accused open accused chosen make decisions present indicates instead wishes legal advice respect thereto authorities may communicate attorney point accused expressed view competent deal authorities without legal advice later decision authorities insistence make statement without counsel presence may properly viewed skepticism justice brennan justice marshall joins dissenting focuses correct passage miranda arizona omitted warnings given subsequent procedure clear individual indicates manner time prior questioning wishes remain silent interrogation must cease point shown intends exercise fifth amendment privilege statement taken person invokes privilege product compulsion subtle otherwise without right cut questioning setting interrogation operates individual overcome free choice producing statement privilege invoked miranda guidelines necessitated inherently coercive nature questioning escobedo illinois sought protective device dispel compelling atmosphere interrogation concluded without proper safeguards process interrogation persons suspected accused crime contains inherently compelling pressures work undermine individual resist compel speak otherwise freely assure safeguards promised dispel inherently compelling pressures interrogation prophylactic rule fashioned supplement traditional determination voluntariness facts case miranda held confession obtained preceded required warnings adequate substitute safeguard per se inadmissible evidence satisfaction prophylactic rule therefore necessary though sufficient admission confession certiorari expressly granted miranda give concrete constitutional guidelines law enforcement agencies courts follow clear objective standards might applied avoid vagaries traditional voluntariness test task confronts case satisfy miranda approach establishing concrete constitutional guidelines governing resumption questioning suspect custody clearly unequivocally indicate wishes remain silent today continues recognize miranda cost assuring voluntariness procedural tests independent actual inquiry voluntariness voluntary statements excluded ante thus consideration task confronting whether voluntary statements excluded whether procedures approved sufficient assure reasonable certainty confession obtained influence compulsion inherent interrogation detention procedures approved today fail provide assurance observed miranda whatever testimony authorities waiver rights accused fact lengthy interrogation incommunicado incarceration statement made strong evidence accused validly waive rights circumstances fact individual eventually made statement consistent conclusion compelling influence interrogation finally forced inconsistent notion voluntary relinquishment privilege portion miranda majority finds controlling observed setting interrogation operates individual overcome free choice producing statement privilege invoked thus statements product renewed questioning miranda established virtually irrebuttable presumption compulsion see presumption stands strongest case suspect initially determined remain silent subsequently brought confess crime adequate procedural safeguards presumption rebutted formulating procedural safeguard skirts problem compulsion thereby fails join issue dictates miranda language finds controlling case teaches renewed questioning part process invariably operates overcome suspect teaching embodied form proscription questioning suspect exercised right remain silent today decision uncritically abandons teaching assumes contrary controlling language scrupulously honoring initial exercise right remain silent preserves efficaciousness initial future warnings despite fact suspect subjected interrogation detained lengthy period time observing suspect control circumstances interrogation hrough exercise option terminate questioning concludes admissibility statements obtained person custody decided remain silent depends whether right cut questioning scrupulously honored ante scrupulously honoring exercises right cut questioning meaningful insofar suspect exercise right remains wholly unfettered formulation thus assumes matter issue whether renewed questioning following lengthy period detention acts overbear suspect irrespective giving miranda warnings second time scrupulously honoring thereby rendering inconsequential failure exercise right remain silent enough conclusorily assert subsequent questioning undercut mosley previous decision answer detective cowie inquiries ante miranda however mosley failure exercise right upon renewed questioning presumptively consequence overbearing detention subsequent questioning played central roles agree miranda read one hand impose absolute ban resumption questioning time place subject ante hand permit resumption interrogation momentary respite ibid surely justify adoption vague ineffective procedural standard falls somewhere absurd extremes miranda flat unambiguous terms requires questioning cease suspect exercises right remain silent miranda terms however uncompromising preclude fashioning guidelines govern case guidelines must course necessarily sensitive reality practical matter compulsion speak isolated setting police station may well greater courts official investigations often impartial observers guard intimidation trickery omitted fashioning guidelines case easy task adequate procedures readily available michigan law requires suspect arraigned judicial officer without unnecessary delay certainly burdensome requirement alternatively requirement resumption questioning await appointment arrival counsel suspect acceptable readily satisfied precondition resumption miranda expressly held presence counsel adequate protective device necessary make process police interrogation conform dictates privilege expediently bypasses alternative search circumstances renewed questioning permissible indeed language miranda suggests presence counsel appropriate alternative categorical language held miranda individual indicates manner time prior questioning wishes remain silent interrogation must cease immediately observed individual indicates desire remain silent attorney present may circumstances questioning permissible absence evidence overbearing statements made presence counsel might free compelling influence interrogation process might fairly construed waiver privilege purposes statements emphasis added procedures wholly consistent rejection per se proscription indefinite duration ante rejection fully subscribe today decision however virtually empties miranda principle plainly decision encourages police asked cease interrogation continue suspect detention police station coercive atmosphere work suspect responds resumed questioning today rejection reality life contrasts sharply acceptance two years ago miranda found techniques police questioning nature custodial surroundings produce inherently coercive situation schneckloth bustamonte conclude today decision signals rejection miranda basic premise concern opinion end treatment miranda extends treatment facts case effort williams homicide appear unrelated holdup murder ante patently unsuccessful anonymous tip received detective cowie conceded sole basis mosley arrest ante embraced robberies covered cowie interrogation williams ante detective hill questioned mosley thus mosley apprehended cowie suspected involved williams addition robberies tried examine mosley another matter treats second interrogation another location ante yet fact merely different floor building ante also find troubling finding mosley never indicated want discuss see ante read cowie testimony cowie testified mosley declined answer nything robberies ante read background anonymous tip implicated mosley williams incident read light may reasonably inferred cowie understood nything include williams episode since anonymous tip embraced episode reading cowie testimony even faithful standard articulates today anything robberies may reasonably interpreted comprehending williams murder occurred robbery interpret mosley alleged statement contrary therefore hardly honors scrupulously suspect rights light today erosion miranda standards matter federal constitutional law appropriate observe state precluded decision adhering higher standards state law state power impose higher standards governing police practices state law required federal constitution see oregon hass lego twomey cooper california decision particularly bearing upon question adoption miranda state law commonwealth ware pennsylvania adopted aspect miranda state law march granted commonwealth petition certiorari review decision month later however error grant made apparent vacated order march appearing judgment rests upon adequate state ground understandably state courts legislatures matters state law increasingly according protections provided federal rights increasingly depreciated decisions see state santiago haw rejecting harris new york people beavers cert denied post rejecting white state johnson rejecting schneckloth bustamonte commonwealth campana cert denied adopting transaction occurrence view double jeopardy clause note michigan constitution counterpart privilege mich art see state johnson supra said unless adequate protective devices employed dispel compulsion inherent custodial surroundings statement obtained defendant truly product free choice comp laws stat ann detective cowie testimony indicated judge available across street police station mosley held app actual interrogation mosley however covered minutes time failure comply simple requirement circumstances totally odds holding police scrupulously honored mosley rights addition break custody substantial period time permit indeed require law enforcement officers give miranda warnings second time mean imply counsel may forced suspect request attorney suggest either arraignment counsel must provided resumption questioning eliminate coercive atmosphere interrogation apparently proscribes resuming questioning counsel present accused exercised right attorney present questioning ante asserts language relevant present case mosley attorney present time declined answer detective cowie questions ante language however compel reading applicable counsel present suspect initially exercises right remain silent even indicate miranda placed even stiffer limits circumstances questioning may resumed suggest moreover since concern miranda assuring absence compulsion upon renewed questioning makes little difference whether counsel initially present thus even language specifically address situation counsel initially present certainly contemplates situation also asserts miranda directed interrogation must cease attorney present individual wants attorney ante quoting patently inaccurate language quoted portion miranda actually reads individual wants attorney interrogation must cease attorney present suggest opinion read permitting unreasonably lengthy detention without arraignment long exercise rights suspect scrupulously honored question whether constitutional limitation length time police may detain suspect without arraignment cf gerstein pugh mallory mcnabb open one see westover westover confessed turned fbi following questioning local police said although two law enforcement authorities legally distinct crimes interrogated westover different impact continuous period questioning suggest law enforcement authorities precluded questioning individual held period time authorities interrogated without appropriate warnings different case presented accused taken custody second authority removed time place original surroundings adequately advised rights given opportunity exercise fbi interrogation conducted immediately following state interrogation police station compelling surroundings thus obtaining confession westover federal authorities beneficiaries pressure applied local interrogation circumstances giving warnings alone sufficient protect privilege answer say questioning resumed second police officer surely santobello new york requires case decided involved two interrogation sessions single law enforcement officer although brother marshall correctly argued hass dissenting remanded state clarify whether relying state federal law disposition required hass state cited federal state authority case mosley counsel conceded argument state based solely fifth amendment federal constitution tr oral arg