Edwards v. Arizona, 451 U.S 477 (1981), is a decision by the United States Supreme Court

Supreme Court of the United States

The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...

 holding that once a defendant invokes his Fifth Amendment

Fifth Amendment to the United States Constitution

The Fifth Amendment to the United States Constitution, which is part of the Bill of Rights, protects against abuse of government authority in a legal procedure. Its guarantees stem from English common law which traces back to the Magna Carta in 1215...

 right to counsel

Right to counsel

Right to counsel is currently generally regarded as a constituent of the right to a fair trial, allowing for the defendant to be assisted by counsel , and if he cannot afford his own lawyer, requiring that the government should appoint one for him/her, or pay his/her legal expenses...

 police must cease custodial interrogation. Re-interrogation is only permissible once defendant's counsel has been made available to him, or he himself initiates further communication, exchanges, or conversations with the police. Statements obtained in violation of this rule are a violation of a defendant's Fifth Amendment

Fifth Amendment to the United States Constitution

The Fifth Amendment to the United States Constitution, which is part of the Bill of Rights, protects against abuse of government authority in a legal procedure. Its guarantees stem from English common law which traces back to the Magna Carta in 1215...

 rights.

Facts

Edwards was arrested at his home on charges of robbery, burglary, and first-degree murder. Following his arrest, at the police station, he was informed of his Miranda rights. Edwards stated he understood his rights, and was willing to submit to questioning. After being told that another suspect was arrested in connection with the same crime, Edwards denied involvement and then sought to "make a deal." Edwards then proceeded to call a county attorney and shortly afterwards he said to his interrogator "I want an attorney before making a deal." Immediately, the questioning ceased and Edwards was taken to county jail. The following morning, two detectives came to see him stating that they wanted to talk to him. At first Edwards resisted, but he was told he had to talk to the detectives. The officers informed him of his Miranda rights, and obtained a confession from him. At trial, Edwards sought to suppress his confession. The lower court and the Arizona Supreme Court denied the motion.

U.S. Supreme Court decision

The court held that a waiver of the right to counsel, once invoked, not only must be voluntary, but also must constitute a knowing and intelligent relinquishment of a known right or privilege. The fact that Edwards confessed after being read his Miranda rights does not demonstrate that he understood right to counsel and intelligently and knowingly relinquished it. Once the right to counsel

Right to counsel

Right to counsel is currently generally regarded as a constituent of the right to a fair trial, allowing for the defendant to be assisted by counsel , and if he cannot afford his own lawyer, requiring that the government should appoint one for him/her, or pay his/her legal expenses...

 under the Fifth Amendment

Fifth Amendment to the United States Constitution

The Fifth Amendment to the United States Constitution, which is part of the Bill of Rights, protects against abuse of government authority in a legal procedure. Its guarantees stem from English common law which traces back to the Magna Carta in 1215...

 has been invoked, a valid waiver cannot be shown just by the accused responding to interrogations despite Miranda warning's having been read. In Rhode Island v. Innis

Rhode Island v. Innis

Rhode Island v. Innis, , is a decision by the United States Supreme Court that clarifies what constitutes "interrogation" for the purposes of Miranda warnings. Under Miranda v. Arizona, police are forbidden from interrogating a suspect once he has asserted his right to counsel under the Fifth...

, , the court clarifies the meaning of interrogation.

Contrast to the Sixth Amendment right to counsel

Under Montejo v. Louisiana

Montejo v. Louisiana

Montejo v. Louisiana, 556 U.S. ___ , is a 5–4 decision by the United States Supreme Court that overruled the Court's decision in Michigan v. Jackson, . Justice Scalia delivered the opinion of the Court. Justice Alito filed a concurring opinion...

, the Sixth Amendment's

Sixth Amendment to the United States Constitution

The Sixth Amendment to the United States Constitution is the part of the United States Bill of Rights which sets forth rights related to criminal prosecutions...

 right to counsel

Right to counsel

Right to counsel is currently generally regarded as a constituent of the right to a fair trial, allowing for the defendant to be assisted by counsel , and if he cannot afford his own lawyer, requiring that the government should appoint one for him/her, or pay his/her legal expenses...

 does not prevent police from initiation of interrogation once the right attaches. This is in contrast to the Fifth Amendment

Fifth Amendment to the United States Constitution

The Fifth Amendment to the United States Constitution, which is part of the Bill of Rights, protects against abuse of government authority in a legal procedure. Its guarantees stem from English common law which traces back to the Magna Carta in 1215...

 right to counsel

Right to counsel

Right to counsel is currently generally regarded as a constituent of the right to a fair trial, allowing for the defendant to be assisted by counsel , and if he cannot afford his own lawyer, requiring that the government should appoint one for him/her, or pay his/her legal expenses...

, where the police custodial interrogation is not permitted as per Edwards.