After being arrested on a criminal charge and being advised of his Miranda rights, the defendant was questioned by the police until he said that he wanted an attorney. The officers ceased their questioning. The next day, the police went to the jail, again advised defendant of his Miranda rights, and obtained a confession.
Whether the officers may approach a suspect who has invoked his Fifth Amendment right to counsel?
No. An accused, having expressed his desire to deal with the police only through counsel, may not be subject to further interrogation until counsel has been made available to him, unless the accused has initiated further communication with the police.
The use of the defendant’s confession violated his rights under the Fifth Amendment to have counsel present during custodial interrogation. When an accused has invoked his right to have counsel present during custodial interrogation (as opposed to his right to remain silent; see Michigan v. Mosley), a valid waiver of that right cannot be established by showing only that he responded to police-initiated interrogation after again being advised of his rights. In this case, the authorities initiated the second interrogation. The defendant’s confession, made without counsel present, did not amount to a valid waiver.
451 U.S. 477, 101 S. Ct. 1880 (1981)