1. briefs keyed to 223 law school casebooks. On January 19, 1976, a sworn complaint was filed against Edwards in Arizona state court charging him with robbery, burglary, and first-degree murder. Under the State Constitution, "[n]o person shall be prosecuted criminally in any court of record for felony or misdemeanor, otherwise than by information or indictment; no person shall be prosecuted for felony by information without having had a preliminary examination before a magistrate or having waived such preliminary examination."

But few cases will be as clear as this one. Officer Headricks slipped inside and moved quickly into the bedroom. See Thompson v. Wainwright, 601 F.2d 768 (CA5 1979). . 384 Oyez, www.oyez.org/cases/1980/79-5269.

We reconfirm these views and, to lend them substance, emphasize that it is inconsistent with Miranda and its progeny for the authorities, at their instance, to reinterrogate an accused in custody if he has clearly asserted his right to counsel. The use of petitioner's confession against him at his trial violated his right under the Fifth and Fourteenth Amendments to have counsel present during custodial interrogation, as declared in Miranda, supra. Each of these questions is, of course, relevant to the admissibility of a confession.

The interrogating officer told him that he wanted a statement, but that he did not have the authority to negotiate a deal. JUSTICE POWELL, with whom JUSTICE REHNQUIST joins, concurring in the result. We reconfirm these views and, to lend them substance, emphasize that it is inconsistent with Miranda and its progeny for the authorities, at their instance, to reinterrogate an accused in custody if he has clearly asserted his right to counsel. Moreover, he complained several times that he was confused or unable to think clearly, or that he could answer more accurately the next day.17 But despite Mincey's entreaties to be let alone, Hust ceased the interrogation only during intervals when Mincey lost consciousness or received medical treatment, and after each such interruption returned relentlessly to his task. [451 And at another point he wrote "Lets rap tomarrow. Petitioner made the call, but hung up after a few moments. 153; Johnson v. United States, 333 U.S. 10, 14-15, 68 S.Ct.

(1980). Such a step should be taken only if it is demonstrably clear that the traditional waiver standard is ineffective. But any criminal trial use against a defendant of his involuntary statement is a denial of due process of law, "even though there is ample evidence aside from the confession to support the conviction." [451 In that event, the question would be whether a valid waiver of the right to counsel and the right to silence had occurred, that is, whether the purported waiver was knowing and intelligent and found to be so under the totality of the circumstances, including the necessary fact that the accused, not the police, reopened the dialogue with the authorities. It appears from the record in this case that the retrial of the petitioner on the murder and assault charges was stayed by the trial court after certiorari was granted by this Court. In December 1996, Katherine gave birth to a child, K.A.E. It is also clear that, without making counsel available to Edwards, the police returned to him the next day. While initially conceding in its opening brief on the merits that Edwards' right to counsel under Massiah attached immediately after he was formally charged, the State in its supplemental brief and during oral argument took the position that under Kirby v. Illinois, 406 U.S. 682, 689-690, 92 S.Ct.

U.S. 369 The purpose of the hearing is to determine whether probable cause exists to hold the defendant for trial. 434 U.S. 902, 98 S.Ct. See United States v. Edwards, 415 U.S. 800, 808-809, 94 S.Ct. We granted certiorari in this case, 446 U.S. 950, 100 S.Ct. The notion that any "prompting" of a person in custody is somehow evil per se has been rejected. The complaint is a "written statement of the essential facts constituting a public offense, made upon oath before a magistrate," Rule 2.3, upon which the magistrate either issues an arrest warrant or dismisses the complaint. ); United States ex rel. Unless waived, the preliminary hearing must take place no later than 10 days after the defendant is placed in custody. Quimbee might not work properly for you until you. The trial court initially granted U.S. 201

. In referring to the necessity to find Edwards' confession knowing and intelligent, the State Supreme Court cited Schneckloth v. Bustamonte, 412 U.S. 218, 226, 93 S.Ct. Although I agree that the judgment of the Arizona Supreme Court must be reversed, I do not join the Court's opinion, because I am not sure what it means. Haynes v. Washington, 373 U.S. 503, 515, 83 S.Ct. Regardless of which court's view of the Constitution was the correct one, such nonuniformity on Fourth Amendment questions is obviously undesirable; it is as unfair to state prosecutors and judges—who must make difficult determinations regarding what evidence is subject to exclusion—as it is to state criminal defendants. 407, 413-414, 9 L.Ed.2d 441. must depend, in each case, upon the particular facts and circumstances surrounding that case, including the background, experience, and conduct of the accused.". The petitioner had originally moved to suppress his written answers to Hust's questions on two grounds: that they had been elicited in violation of Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. Although I agree that the judgment of the Arizona Supreme Court must be reversed, I do not join the Court's opinion because I am not sure what it means. The Arizona Supreme Court apparently disbelieved Hust in this respect, since it stated that "after each indication from [Mincey] that he wanted to consult an attorney or that he wanted to stop answering questions, the police officer continued to question [him]." Indeed, Edwards informed the detention officer that he did not want to talk to anyone.

Rhode Island v. Innis, supra, makes this sufficiently clear. . [451 , petitioner was questioned by the police on January 19, 1976, until he said that he wanted an attorney.

Rhode Island v. Innis, Officer Headricks died a few hours later in the hospital.

The Arizona court created its "murder-scene exception" in a 1971 case. "MINCEY: This is all I can say without a lawyer. Pp. I have thought it settled law, as these cases tell us, that one accused of crime may waive any of the constitutional safeguards—including the right to remain silent, to jury trial, to call witnesses, to cross-examine one's accusers, to testify in one's own behalf, and—of course—to have counsel. as with all "good" things, they can be carried too far.

Before trial, Mincey moved to suppress as involuntary certain statements that he had made while confined in an intensive care unit some hours after the shooting.

412 484-487. For the following reasons, we agree. 1877, 1882, 32 L.Ed.2d 411 (1972), and Moore v. Illinois, 434 U.S. 220, 226-227, 98 S.Ct. 1

1199, 12 L.Ed.2d 246 (1964). The Court declined to impose the "intentional relinquishment or abandonment of a known right or privilege" standard and required only that the consent be voluntary under the totality of the circumstances. [Footnote 6] 122 Ariz. 206, 594 P.2d 72. See Faretta v. California, 422 U.S. 806, 835, 95 S.Ct. To what extent, if any, the evidence found in Mincey's apartment was permissibly seized under established Fourth Amendment standards will be for the Arizona courts to resolve on remand.

Arizona." 423 U.S., at 109, n. 1, 96 S.Ct., at 329, n. 1 (WHITE, J., concurring in result). While statements made by a defendant in circumstances violating the strictures of Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 2476, 2481-2483, 53 L.Ed.2d 538. He was tried at a single trial and convicted on all the charges.

Johnson v. Zerbst, 304 U.S. 458, 464 [58 S.Ct. As the police entered the apartment, a rapid volley of shots was heard from the bedroom. The Arizona Supreme Court held that during the January 20 meeting he waived his right to remain silent and his right to counsel when he voluntarily gave his statement after again being informed of his rights. After. The officers identified themselves, stated they wanted to talk to him, and informed him of his Miranda rights. In doing so, the district court held that if there were ever a disagreement over such matters, Katherine would be entitled to make the ultimate decision. The trial court ultimately denied petitioner's motion to suppress his confession, finding the statement to be voluntary, and he was thereafter convicted. Here, however sound the conclusion of the state courts as to the voluntariness of Edwards' admission may be, neither the trial court nor the Arizona Supreme Court undertook to focus on whether Edwards understood his right to counsel and intelligently and knowingly relinquished it. Mincey was unable to talk because of the tube in his mouth, and so he responded to Detective Hust's questions by writing answers on pieces of paper provided by the hospital.11 Hust told Mincey he was under arrest for the murder of a police officer, gave him the warnings required by Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. On appeal, the Arizona Supreme Court reaffirmed previous decisions in which it had held that the warrantless search of the scene of a homicide is constitutionally permissible.4 It stated its ruling as follows: "We hold a reasonable, warrantless search of the scene of a homicide—or of a serious personal injury with likelihood of death where there is reason to suspect foul play— does not violate the Fourth Amendment to the United States Constitution where the law enforcement officers were legally on the premises in the first instance. The jury in the first trial was unable to reach a verdict. Rhode Island v. Innis, 446 U.S. 291, 100 S.Ct. We need not decide whether there would have been a valid waiver of counsel had the events of January 20 been the first and only interrogation to which Edwards had been subjected. U.S. 477, 487] 2357, 2363, 41 L.Ed.2d 182 (1974).

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