solem stumes argued november decided february respondent homicide suspect arrested unrelated charges made incriminating statements police homicide police twice renewed interrogation despite respondent invoked right counsel respondent charged murder south dakota trial refused suppress statements made police convicted manslaughter south dakota affirmed respondent filed petition writ habeas corpus federal district denied writ respondent appeal pending edwards arizona held suspect invoked right counsel subsequent conversation must initiated applying edwards case appeals found police acted unconstitutionally held edwards applied retroactively therefore appeals erred evaluating constitutionality police conduct case standards set edwards pp criteria guiding resolution whether new constitutional decision applied retroactively implicate purpose served new standards extent law enforcement authorities relied old standards effect administration justice retroactive application new standards pp complete retroactive effect appropriate new constitutional principle designed enhance accuracy criminal trials edwards little truthfinding function criminal trial fact suspect requested lawyer mean statements makes response subsequent police questioning likely inaccurate moreover situations renewed interrogation raises significant doubt voluntariness reliability statements therefore accuracy outcome trial likely suppression achieved without reliance prophylactic rule adopted edwards pp unreasonable expect law enforcement authorities conducted accordance edwards rule prior announcement edwards overrule prior decision transform standard practice establish new test waiver right counsel acceptable suspect invoked right said edwards decision clearly distinctly foreshadowed pp retroactive application edwards disruptive effect administration justice significant number cases inquiry hampered problems lost evidence faulty memory missing witnesses required assess substantiality edwards claim white delivered opinion burger blackmun rehnquist joined powell filed opinion concurring judgment post stevens filed dissenting opinion brennan marshall joined post mark meierhenry attorney general south dakota argued cause filed briefs petitioner timothy mcgreevy appointment argued cause filed brief respondent justice white delivered opinion question case whether edwards arizona applied retroactively respondent norman stumes suspect death joyce hoff sioux falls september stumes arrested green bay pending perjury felony check charges yet charged hoff death following morning spoke phone attorney sioux falls told make statements returning south dakota three sioux falls police officers skadsen green hendrick went green bay bring stumes back first spoke morning october read miranda rights stumes said understood object speaking police without attorney present hour half conversation homicide green asked stumes willing take lie detector test stumes answered question rather answer talk attorney point officers stopped questioning officers returned afternoon recommenced questioning without giving miranda warnings stumes admitted hoff apartment night killing intercourse denied anything death asked death intentional accidental stumes said accidental stated rather talk time talk attorney give full statement regards death questioning thereupon ceased next morning stumes three officers set car trip sioux falls stumes given miranda warnings beginning trip asked whether willing talk shrugged nodded affirmatively questioning trip conversation unrelated matters though occasionally subject hoff death came late afternoon silence car respondent referred little conflict emotions made statement understand anybody want kill joyce taking human life useless green told feel better got chest stumes recounted striking strangling hoff said tell someone stumes slept together green asked stumes give police statement reached sioux falls noting attorney undoubtedly advise stumes agreed give statement stating give damn says anything feel like talk anybody want stumes officers reached sioux falls evening shortly placed cell stumes called skadsen asking tell mean kill accident vicious killer stumes charged murder trial refused suppress statements police jury found guilty manslaughter sentenced life imprisonment direct appeal state remanded determination whether stumes statements voluntary trial found conviction accordingly automatically affirmed stumes filed petition writ habeas corpus district district south dakota district denied writ evidentiary hearing concluded stumes knowingly intelligently voluntarily waived right counsel miranda require questioning must cease forever suspect requested counsel supp given totality circumstances questioning trip south dakota proper stumes appeal pending held suspect invoked right counsel subsequent conversation must initiated edwards arizona supra applying edwards case appeals eighth circuit found police acted unconstitutionally twice renewing interrogation stumes invoked right counsel petitioner sought writ certiorari three questions whether conduct police case violated edwards whether district adequately deferred state factfinding whether edwards applied retroactively granted certiorari third therefore assume present purposes conduct issue violated edwards need decide whether police also violated miranda arizona question considered appeals conclude erred applying edwards case reverse remand reconsideration law ii rule judicial decisions apply retroactively robinson neil indeed legal system based precedent presumption retroactivity nonetheless retroactive application compelled constitutionally otherwise great northern sunburst oil refining since linkletter walker held mapp ohio applied defendants whose convictions yet final mapp decided recognized interest justice exigencies situation may argue imposing new constitutional decision retroactively basic principles retroactivity criminal cases established linkletter walker supra tehan ex rel shott johnson new jersey cases criteria guiding resolution retroactivity question implicate purpose served new standards extent reliance law enforcement authorities old standards effect administration justice retroactive application new standards stovall denno complete retroactive effect appropriate new constitutional principle designed enhance accuracy criminal trials see williams plurality opinion citing cases edwards rule tangential relation truthfinding trial noted past question whether constitutional rule criminal procedure enhance reliability process trial necessarily matter degree johnson new jersey supra application exclusionary rule pursuant edwards perhaps entirely unrelated accuracy final result fourth amendment context see peltier desist yet edwards rule said sine qua non fair accurate interrogation faced similar situation stovall denno supra held newly established rule counsel present lineups applied retroactively noted although excluding identifications made absence counsel justified need assure integrity reliability system justice undoubtedly affect cases unfairness present true edwards rule fact suspect requested lawyer mean statements makes response subsequent police questioning likely inaccurate important situations renewed interrogation raises significant doubt voluntaries reliability statement therefore accuracy outcome trial likely suppression achieved without reliance prophylactic rule adopted edwards frequently refused give retroactive effect decisions bore least heavily truthfinding function notable miranda held apply trials taking place decided johnson new jersey supra see generally williams supra edwards rule far cry sort decision goes heart truthfinding function consistently held retroactive brown louisiana hankerson north carolina arsenault massachusetts rather prophylactic rule designed implement rights applied decisions retroactively see michigan payne halliday per curiam stovall denno supra considering reliance factor cases looked primarily whether law enforcement authorities state courts justifiably relied prior rule law said different announced decision whose retroactivity issue unjustified reliance bar retroactivity inquiry often phrased terms whether new decision foreshadowed earlier cases clear break past explicitly overruled past precedent disapproved practice sanctioned prior cases overturned longstanding practice approved authority reliance effect factors virtually compelled finding nonretroactivity johnson see also less inclined limit effect decision distinctly foreshadowed brown louisiana supra point predictability local authorities expected anticipate future decision unclear however edwards established rule safeguard rights new substantive requirement edwards suspect right presence lawyer waive right edwards established new test waiver acceptable suspect invoked right counsel suspect initiate subsequent communication prior edwards strongly indicated additional safeguards necessary accused asks counsel several times referred accused right free questioning invoked right counsel see edwards overrule prior decision transform standard practice thus sort clear break case almost automatically nonretroactive edwards nonetheless establish new rule think police faulted anticipate per se approach cf adams illinois plurality opinion prior edwards emphasis cases whether individual matter waiver right counsel knowing voluntary intelligent see johnson zerbst said north carolina butler relying johnson zerbst treating fifth amendment right counsel fortiori ven right fundamental counsel trial involved question waiver must determined particular facts circumstances surrounding case including background experience conduct accused saw reason discard standard replace inflexible per se rule see also fare michael miranda majority viewed waiver question controlled johnson zerbst taken task view one dissenters harlan dissenting see also tague louisiana michigan tucker way cast doubt legitimacy necessity edwards acknowledge cases waiver knowing voluntary intelligent even though occurred police recommenced questioning accused invoked right counsel several times refused adopt per se rules governing waiver miranda rights michigan mosley north carolina butler supra see also brown illinois mosley distinguish right counsel right silence much logic language opinion applied invocation former edwards necessary consequence miranda thus justifiably believed waiver right counsel following invocation voluntary even police initiated conversation state law lower courts prior edwards decision bears reality cf michigan payne edwards question whether authorities resume questioning defendant asked attorney acknowledged unsettled see hernandez herman courts prohibited resumption questioning unless initiated suspect womack priest hand number courts allowed renewed interrogations request counsel blasingame estelle white finkbeiner vacated remanded en banc cert denied hill whealon see also clark johnson new jersey declined measure prospectivity miranda date escobedo illinois fully anticipated clearly foreshadowed decision disagreements among courts concerning implications escobedo however impelled us lay additional guidelines situations presented case done miranda guidelines therefore available persons whose trials begun miranda decided omitted logic argues retroactive application edwards light disagreements among lower courts laid additional guidelines implementation miranda short said decision edwards clearly distinctly foreshadowed see adams illinois supra cf brown louisiana circumstances consider reliance interest compelling even though edwards overrule specific decision retroactive application edwards disruptive effect administration justice guess number cases edwards might make difference admissibility statements made police number surely significant inquiry required assess substantiality edwards claim investigation possible retrial hampered problems lost evidence faulty memory missing witnesses see jenkins delaware sum edwards little truthfinding function criminal trial rights designed protect may still claimed whose convictions preceded decision unreasonable expect law enforcement authorities conducted accordance rule prior announcement retroactive application disrupt administration justice weighing considerations conclude edwards applied retroactively iii minimum nonretroactivity means decision applied collateral review final convictions purposes case need decide edwards prior cases drawn nonretroactivity line variety places decisions applied defendants whose convictions yet final new rule established johnson linkletter walker defendants whose trials yet begun point johnson new jersey destefano woods whose constitutional rights violated decision handed peltier desist stovall denno cases prosecution sought introduce newly illegal evidence date nonretroactive decision fuller alaska line drawn edwards need decided today iv appeals erred evaluating constitutionality police conduct case standards set edwards express opinion whether conduct police case acceptable prior cases eighth circuit remand appeals determination reversed remanded footnotes thought stumes agreement speak police resumed questioning valid waiver comment taking human life useless initiation new conversation homicide particularly came questioned intermittently throughout trip actual incriminating statement prompted officer invitation get chest finally statement skadsen jail tainted previous unconstitutionally obtained incriminating statements one judge dissented ground stumes initiated communication made valid waiver consider whether edwards applied retroactively majority recently adopted slightly different approach fourth amendment area johnson without considering factors johnson held decision construing fourth amendment clear break past applied convictions yet final decision handed careful note limits holding first decision today affect cases clearly controlled existing retroactivity precedents second respondent case arises direct review need address retroactive reach fourth amendment decisions cases still may raise fourth amendment issues collateral attack third express view retroactive application decisions construing constitutional provision fourth amendment footnotes citation omitted limitations make johnson inapplicable case controlled prior precedent arises collateral review involve fourth amendment like example miranda north carolina pearce edwards confer substantive constitutional right existed created protective umbrella serving enhance constitutional guarantee see michigan payne foundational right remains available defendants cases decision nonretroactivity less likely result continued incarceration whose convictions rest unconstitutional acts much said johnson new jersey applies equally case prime purpose escobedo miranda guarantee full effectuation privilege mainstay adversary system criminal justice designed part assure person responds interrogation custody intelligent understanding right remain silent consequences may flow relinquishing hile escobedo miranda guard possibility unreliable statements every instance interrogation encompass situations danger necessarily great accused subjected overt obvious coercion time case law coerced confessions available persons whose trials already completed providing course procedural prerequisites direct collateral attack met prisoners may invoke substantive test voluntariness thus escobedo miranda provide important new safeguards use unreliable statements trial nonretroactivity decisions preclude persons whose trials already completed invoking safeguards part involuntariness claim see also jenkins delaware decision overrules precedent may well clearly foreshadowed katz decision holding retrospective stated however clearly holding katz may foreshadowed clear break past expressly overruled prior decisions desist indeed dissent insisted nothing new katz katz responsible killing olmstead prior cases left requirement olmstead virtually lifeless merely awaiting death certificate katz gave fortas dissenting cases indicate even situation authorities generally entitled rely existing case law whatever disrepute justice stevens nonetheless asserts miranda specifically rejected inquiry whether knowing voluntary intelligent waiver fifth amendment rights opting prophylactic rule eschewed inquiry post quotation justice stevens relies demonstrates however miranda per se rule extended requiring warnings given every case regardless individual circumstances miranda adopt per se rule regard waiver right counsel see development awaited edwards justice stevens points dozen state courts excluded evidence obtained similar circumstances see post rulings state courts implies however among cases upholding reinterrogation suspect asserted right counsel ladd state alaska cert denied state greenawalt cert denied brown state stone state greene commonwealth jefferson sweiberg state tex crim app cases cited nash state tex crim app cert denied state pierce remanding factfinding wyrick fields per curiam federal habeas action reversed determination appeals police conduct case violated edwards consider whether edwards applied circumstances even lower erred merits decision read holding edwards applied retroactively cases collateral review reasons course oregon bradshaw read holding edwards applies direct review interrogations occurring decided questioning involved occurred nine months edwards decided direct appeal oregon appeals held light edwards statements suppressed reversed state misread edwards retroactivity edwards considered justice powell concurring judgment edwards arizona determined accused waiver right counsel custodial interrogation involuntary subjected renewed interrogation without counsel present invoked right uncertain time whether merely intended apply johnson zerbst held waivers counsel effective intentional relinquishment abandonment known right privilege determination made reference particular facts circumstances surrounding case including background experience conduct accused see alternatively edwards interpreted establishing new per se rule right counsel invoked waiver right however voluntary zerbst standard never valid made response police questioning see edwards supra powell concurring result confusion proper interpretation edwards persisted subsequent cases see oregon bradshaw powell concurring judgment citing lower cases clearly relying part bradshaw edwards established new per se rule extent overruled johnson zerbst supra ante acknowledgment suffices view resolve issue posed present case previously urged adopt justice harlan suggestion new rule constitutional law applied review criminal convictions yet final rule announced hankerson north carolina concurring judgment justice harlan reasoned mackey concurring judgments part dissenting part approach follows directly proper conception scope writ habeas corpus contrasted direct review brief review reasons approach relevant present case explain join opinion retroactive application habeas corpus constitutional rules governing criminal procedure unnecessary advance purposes habeas corpus even regime permits federal courts habeas vacate final conviction properly preserved ground federal constitutional error review habeas determine conviction rests upon correct application law effect time conviction required forc trial appellate courts toe constitutional mark fundamental fairness require complete retroactivity except rare instances retroactive application new rules constitutional law generally little advance purposes collateral relief habeas particularly difficult cases justify imposing upon state costs collateral review insubstantial include burden judicial prosecutorial resources entailed retrial miscarriage justice occurs guilty offender set free effective retrial impossible years offense hankerson north carolina supra retroactive application constitutional rules frustrates state enforcement criminal law despite state careful adherence federal constitutional standards governed time prisoner conviction costs imposed upon state retroactive application new rules constitutional law habeas corpus thus generally far outweigh benefits application therefore unnecessary consider factors intended merely guide balancing costs benefits accrue retroactive application particular rule certainly per se test adopted edwards rule necessary assure fundamental fairness opinion situations renewed interrogation raises significant doubt voluntariness reliability statement therefore accuracy outcome trial likely suppression achieved without reliance prophylactic rule adopted edwards ante reasons concur judgment edwards although concurring judgment expressed concern whether intent overrule zerbst see bradshaw last term opinion also concurring judgment reiterated conviction constitution requires per se rule issue purely factual whether valid waiver counsel occurs contrasting opinions justice marshall rehnquist bradshaw illustrate even new per se rule likely confuse clarify see powell concurring judgment nevertheless course accept edwards bradshaw binding authority adopted view johnson extent holding new rules fourth amendment law applied convictions yet final rule announced although might seem desirable perpetually revise past convictions light evolving legal doctrine attempt fundamentally odds rule law point criminal process function must turn attention whether man properly incarcerated treated convicted law criminal otherwise worth enforcing must time provide definitive answer questions litigants present else never provides answer mackey opinion harlan see also schneckloth bustamonte powell concurring give retroactive effect habeas decisions announcing rules criminal procedure required ensure fundamental fairness gideon wainwright holding conduct entirely immune criminal punishment roe wade releasing habeas prisoners convicted fundamentally unfair procedures committed constitutionally punishable offense give effect decisions rare cases conviction fully accord law governing time conviction nonetheless plainly unjust see mackey supra justice stevens justice brennan justice marshall join dissenting respondent stumes acknowledged lawbreaker confession together evidence guilt brands whether incarceration past dozen years adequate insufficient punishment crime matter concern concern conduct lawbreakers respondent custody requested assistance counsel police interrogated two separate occasions held edwards arizona interrogation unlawful dispute respondent constitutional rights violated nevertheless unlawful interrogation took place prior may date edwards decided holds respondent statements admissible evidence even though inadmissible made may reaching result question whether edwards applied retroactively ante answers question negative edwards established new rule ante new rule concern one announces today rather rule applied edwards well settled long edwards decided police may interrogate prisoner asked assistance lawyer case therefore present real retroactivity question however raise serious question concerning use power create new rules law decided secure scrupulous observance traditional principle often quoted rarely heeded full degree law suffer prisoner made deluded instrument conviction johnson new jersey specifically miranda arizona decided individual must warned prior custodial interrogation right remain silent right attorney present questioning right attorney appointed represent free charge afford one see also noted individual requests presence attorney questioning request affirmatively secures right one questioning emphasis supplied however indicates manner stage process wishes consult attorney speaking questioning emphasis supplied elaborated 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 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 emphasis supplied omitted even edwards consistently read miranda impose absolute obligation police respect individual request counsel michigan mosley held police may question individual invokes right remain silent right cut questioning scrupulously honored however expressly distinguished invocation right consult counsel assertion right remain silent see explained distinction came miranda dissenting opinion asserts miranda established requirement person indicated desire remain silent questioning may resumed counsel present clearly miranda imposed requirement distinguished procedural safeguards triggered request remain silent request attorney directed interrogation must cease attorney present individual wants attorney citations omitted edwards opinion demonstrates error conclusion reaches today acknowledging per se aspect miranda explained holding derived directly miranda 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 emphasis supplied ii retroactivity analysis today majority merits separate scrutiny majority makes attempt define new rule gives rise retroactivity question merely assumes edwards created one ante reasoning treating edwards created new rule implicit however discussion calls reliance factor authorities reliance prior rule police faulted failing anticipate edwards since prior law understood permit evaluation whether suspect decision speak police despite earlier invocation right consult counsel knowing voluntary intelligent waiver right majority concludes edwards considered announcing new rule law prior edwards unsettled cites evidence fact lower courts disagreed correct interpretation miranda ante approach defining new rule retroactivity purposes completely unprecedented majority concedes edwards clear break past ante yet sort change law normally required retroactivity question even raised example desist wrote however clearly holding katz may foreshadowed clear break past thus compelled decide whether application limited future fact position ultimately rejected previously accepted lower courts never sufficient demonstrate new rule created estate donnelly today clear retroactivity arises decision based principles previously announced even though precedent squarely point henderson morgan white concurring principles governing decision edwards well recognized case decided amply demonstrated host cases previously condemned police practices issue curious character new conception new rule well illustrated hanover shoe shoe machinery question whether endorsement rule antitrust law previously followed appeals second circuit constituted promulgation new rule retroactivity purposes held like appeals relies conclusions upon existing authorities cases make clear accepted interpretation sherman act conditioned finding monopolization sherman act upon showing predatory practices monopolist neither case abrupt fundamental shift doctrine constitute entirely new rule effect replaced older one whatever development law brought based great extent existing authorities extension doctrines growing developing years cases constitute sharp break line earlier authority avulsive change caused current law thereafter flow new banks say prior cases potential defendants justified thinking current antitrust doctrines permitted acts conducive creation maintenance monopoly long avoided direct exclusion competitors predatory acts footnotes omitted less two years ago considered whether holding payton new york fourth amendment prohibits warrantless arrests persons homes announcement new rule law wrote payton also announce entirely new unanticipated principle law general subsequently read decision work sharp break web law unless ruling caused abrupt fundamental shift doctrine constitute entirely new rule effect replaced older one break recognized decision explicitly overrules past precedent disapproves practice arguably sanctioned prior cases overturns longstanding widespread practice spoken body lower authority expressly approved johnson citations omitted government position reduce retroactivity test absurdity view fourth amendment rulings worthy retroactive application arresting officers violated guidelines clearly established prior cases seen cases involving simple application clear fourth amendment guidelines raise real problems retroactivity literally read government theory automatically eliminate fourth amendment rulings consideration retroactive application johnson points majority test retroactivity reality test law settled prior edwards real retroactivity question arise respect orderly development law require faithful adherence recent precedent johnson evidenced today especially inasmuch johnson expressed purpose lend order predictability law retroactivity see iii understandably concerned conduct private lawbreakers concern however divert attention overriding importance requiring strict obedience law officials entrusted enforcement indeed interpretation decisions kind corrosive effect society dedicated rule law profound wisdom justice brandeis observation decency security liberty alike demand government officials shall subjected rules conduct commands citizen government laws existence government imperilled fails observe law scrupulously government potent omnipresent teacher good ill teaches whole people example crime contagious government becomes lawbreaker breeds contempt law invites every man become law unto invites anarchy declare administration criminal law end justifies means declare government may commit crimes order secure conviction private criminal bring terrible retribution pernicious doctrine resolutely set face olmstead dissenting opinion limited grant certiorari case question whether edwards applied retroactively case ante therefore holding appeals police conduct case violated respondent rights fifth amendment issue must taken given one significant omission opinion claim language miranda led police believe interrogate individual requested opportunity confer counsel omission understandable language opinion concurring result justice white added 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 point accused expressed view competent deal authorities without legal advice later decision authorities insistence make statement without counsel presence may properly viewed skepticism elaborated per se aspect miranda thus based unique role lawyer plays adversary system criminal justice country whether minor adult stands accused lawyer one person society whole looks protector legal rights person dealings police courts reason fashioned miranda rigid rule accused request attorney per se invocation fifth amendment rights requiring interrogation cease miranda arizona determined fifth fourteenth amendments prohibition compelled required custodial interrogation preceded advice putative defendant 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 edwards contains innovation one favorable police language miranda mandatory indicating interrogation take place individual conferred lawyer edwards makes clear language extend conversation authorities individual initiated latter 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 reason question majority reading prior law cites three cases supporting approach first michigan mosley fact points opposite direction discussion part supra demonstrates second johnson zerbst course zerbst decided long miranda hence places gloss zerbst also case decided sixth amendment policies underlying fifth sixth amendments quite distinct often pointed rejecting reliance sixth amendment precedent fifth amendment contexts vice versa see estelle smith henry rhode island innis wade third north carolina butler concern per se aspect miranda accused invoked right consult counsel moreover miranda inconsistent waiver inquiry zerbst miranda specifically rejected inquiry whether knowing voluntary intelligent waiver fifth amendment rights opting prophylactic rule eschewed inquiry fifth amendment privilege fundamental system constitutional rule expedient giving adequate warning availability privilege simple pause inquire individual cases whether defendant aware rights without warning given assessments knowledge defendant possessed based information age education intelligence prior contact authorities never speculation warning clearcut fact important whatever background person interrogated warning time interrogation indispensable overcome pressures insure individual knows free exercise privilege point time omitted see brown louisiana plurality opinion michigan payne adams illinois chevron oil huson johnson new jersey fact johnson relies ante noted miranda applied retroactively involved police practices explicitly declined condemn past stovall denno rejected retroactive application police practices unanimously upheld lower courts prior decision issue see thompson wainwright massey womack clark crisp priest moore state ark webb state ark davis state ark people brake people harris people salazar people medina people cook app stevens state ind pirtle state ind state boone state crisler murphy state miss cert denied state nash commonwealth mercier see also people bowers app div police ask suspect reconsider decision consult counsel nothing else state turner app police ask suspect reconsider decision consult counsel nothing else state arpan suspect must given reasonable opportunity consult counsel state marcum app waiver exist suspect initiates conversation added new rule said interpretation sherman act abruptly overruled leasing system considered instrument exercise maintenance monopoly power government argues rulings resolving unsettled fourth amendment questions nonretroactive close cases law enforcement officials little incentive err side constitutional behavior official awareness dubious constitutionality practice counterbalanced official certainty long fourth amendment law area remained unsettled evidence obtained questionable practice excluded one case definitively resolving unsettled question failure accord retroactive effect fourth amendment rulings encourage police courts disregard plain purport decisions adopt emphasis original omitted quoting desist fortas dissenting course view fact retroactivity case precisely reason see part supra