edwards v arizona case brief

Posted on October 8th, 2020

-227 (1977), the filing of the formal complaint did not constitute the "adversary judicial criminal proceedings" necessary to trigger the Sixth Amendment right to counsel. Id., at 474, 86 S.Ct., at 1627. Who "initiated" a conversation may be relevant to the question of waiver, but it is not the sine qua non to the inquiry. United States v. Scalf, 708 F.2d 1540, 1544 (CA10 1983) (knowledge of request for counsel "is imputed to all law enforcement officers who subsequently deal with the suspect"); State v. Arceneaux, 425 So.2d 740 (La. We reiterate here, though, that the "right" to counsel to protect the Fifth Amendment right against self-incrimination is not absolute; that is, "[i]f authorities conclude that they will not provide counsel during a reasonable period of time in which investigation in the field is carried out, they may refrain from doing so without violating the person's Fifth Amendment privilege so long as they Questioning then ceased, but on January 20 police officers came to the jail and, after stating that they wanted to talk to him and again informing petitioner of his Miranda rights, obtained his confession when he said that he was willing to talk. U.S. 919 Second, although we have held that after initially being advised of his Miranda rights, the accused may himself validly waive his rights and respond to interrogation, see North Carolina v. Butler, supra, at 372-376, the Court has strongly indicated that additional safeguards are necessary when the accused asks for counsel; and we now hold that when an accused has invoked his right to have counsel present during custodial interrogation, a valid waiver of that right cannot be established by showing only that he responded to further police-initiated custodial interrogation even if he has been advised of his rights. Indeed, Edwards informed the detention officer that he did not want to talk to anyone. The State contends that the Sixth Amendment right to counsel does not attach until either the constitutionally required indictment or information is filed or at least no earlier than the preliminary hearing to which a defendant is entitled if the matter proceeds by complaint. [ Whitehead v. United States, Considering the proceedings in the state courts in the light of this standard, we note that in denying petitioner's motion to suppress, the trial court found the admission to have been "voluntary," App. Each of these questions is, of course, relevant to the admissibility of a confession. He then sought to "make a deal." The statements were used against Edwards at trial and in response, he appealed his convictions claiming that his Fifth Amendment rights were violated. The officers identified themselves, stated they wanted to talk to him, and informed him of his Miranda rights. Footnote 4 Indeed, the new warnings and explanations will reinforce his comprehension of a suspect's rights. Whether this is described as police-"initiated" interrogation or in some other way, it clearly was questioning under circumstances incompatible with a voluntary waiver of the fundamental right to counsel. And just last Term, in a case where a suspect in custody had invoked his Miranda right to counsel, the Court again referred to the "undisputed right" under Miranda to remain silent and to be free of interrogation "until he had consulted with a lawyer." Officers read Edwards his Miranda rights. Miranda itself recognized, moreover, that counsel's assistance can be waived. 2 [486 U.S. 675, 679] The Arizona Court of Appeals affirmed the suppression order in a brief opinion, stating: At that point, questioning ceased and Edwards was taken to county jail. The detectives informed him that the recording was irrelevant since they could testify in court concerning whatever he said. Once the trial court determines that "the confession is voluntary, the finding will not be upset on appeal absent clear and manifest error." Syllabus. 2266, 56 L.Ed.2d 760 (1978). 386, 464 A. The arresting officer advised him that he had a constitutional right to remain silent and also the right to have an attorney present during any interrogation.

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