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- NOTE: Where it is feasible, a syllabus (headnote) will be released, as is
- being done in connection with this case, at the time the opinion is issued.
- The syllabus constitutes no part of the opinion of the Court but has been
- prepared by the Reporter of Decisions for the convenience of the reader.
- See United States v. Detroit Lumber Co., 200 U. S. 321, 337.
-
- SUPREME COURT OF THE UNITED STATES
-
- Syllabus
-
- DAVIS v. UNITED STATES
- certiorari to the united states court of military
- appeals
- No. 92-1949. Argued March 29, 1994-Decided June 24, 1994
-
- Petitioner, a member of the United States Navy, initially waived his
- rights to remain silent and to counsel when he was interviewed by
- Naval Investigative Service agents in connection with the murder
- of a sailor. About an hour and a half into the interview, he said,
- ``Maybe I should talk to a lawyer.'' However, when the agents
- inquired if he was asking for a lawyer, he replied that he was not.
- They took a short break, he was reminded of his rights, and the
- interview continued for another hour, until he asked to have a
- lawyer present before saying anything more. A military judge
- denied his motion to suppress statements made at the interview,
- holding that his mention of a lawyer during the interrogation was
- not a request for counsel. He was convicted of murder, and,
- ultimately, the Court of Military Appeals affirmed.
- Held:
- 1. After a knowing and voluntary waiver of rights under Mi-
- randa v. Arizona, 384 U. S. 436, law enforcement officers may
- continue questioning until and unless a suspect clearly requests an
- attorney. A suspect is entitled to the assistance of counsel during
- custodial interrogation even though the Constitution does not
- provide for such assistance. Id., at 469-473. If the suspect
- invokes that right at any time, the police must immediately cease
- questioning him until an attorney is present. Edwards v. Arizona,
- 451 U. S. 477, 484-485. The Edwards rule serves the prophylactic
- purpose of preventing officers from badgering a suspect into
- waiving his previously asserted Miranda rights, and its applicabili-
- ty requires courts to determine whether the accused actually
- invoked his right to counsel. This is an objective inquiry, requir-
- ing some statement that can reasonably be construed to be an
- expression of a desire for an attorney's assistance. However, if a
- reference is ambiguous or equivocal in that a reasonable officer in
- light of the circumstances would have understood only that the
- suspect might be invoking the right to counsel, Edwards does not
- require that officers stop questioning the suspect. Extending
- Edwards to create such a requirement would transform the Mi-
- randa safeguards into wholly irrational obstacles to legitimate
- investigative activity by needlessly preventing the police from
- questioning a suspect in the absence of an attorney, even if the
- suspect does not wish to have one present. The Edwards rule
- provides a bright line that can be applied by officers in the real
- world of investigation and interrogation without unduly hampering
- the gathering of information. This clarity and ease of application
- would be lost if officers were required to cease questioning based
- on an ambiguous or equivocal reference to an attorney, since they
- would be forced to make difficult judgment calls about what the
- suspect wants, with the threat of suppression if they guess wrong.
- While it will often be good police practice for officers to clarify
- whether a suspect making an ambiguous statement really wants
- an attorney, they are not required to ask clarifying questions.
- Pp. 3-9.
- 2. There is no reason to disturb the conclusion of the courts
- below that petitioner's remark-``Maybe I should talk to a
- lawyer''-was not a request for counsel. Pp. 9-10.
- 36 M. J. 337, affirmed.
- O'Connor, J., delivered the opinion of the Court, in which Rehn-
- quist, C. J., and Scalia, Kennedy, and Thomas, JJ., joined. Sca-
- lia, J., filed a concurring opinion. Souter, J., filed an opinion
- concurring in the judgment, in which Blackmun, Stevens, and
- Ginsburg, JJ., joined.
-