Anthony Kennedy

“ If the authorities had complied with Minnick's request to have counsel present during interrogation, the attorney could have corrected Minnick's misunderstanding, or indeed counseled him that he need not make a statement at all. We decline to remove protection from police-initiated questioning based on isolated consultations with counsel who is absent when the interrogation resumes. ”

“ In addition, adopting the rule proposed would leave far from certain the sort of consultation required to displace Edwards. Consultation is not a precise concept, for it may encompass variations from a telephone call to say that the attorney is in route, to a hurried interchange between the attorney and client in a detention facility corridor, to a lengthy in-person conference in which the attorney gives full and adequate advice respecting all matters that might be covered in further interrogations. ”

“ The case before us well illustrates the pressures, and abuses, that may be concomitants of custody. Petitioner testified that though he resisted, he was required to submit to both the FBI and the Denham interviews. In the latter instance, the compulsion to submit to interrogation followed petitioner's unequivocal request during the FBI interview that questioning cease until counsel was present. The case illustrates also that consultation is not always effective in instructing the suspect of his rights. ”

“ Relying on language in Edwards indicating that the bar on interrogating the accused after a request for counsel applies " 'until counsel has been made available to him,' " ibid., quoting Edwards v. Arizona, supra, 451 U.S., at 484-485, 101 S.Ct., at 1885, the court concluded that " [s] ince counsel was made available to Minnick, his Fifth Amendment right to counsel was satisfied." 551 So.2d, at 83. The court also rejected the Sixth Amendment claim, finding that petitioner waived his Sixth Amendment right to counsel when he spoke with Denham. ”

“ Jackson, 475 U.S. 625, 106 S.Ct. 1404, 89 L.Ed.2d 631 (1986) . Vagaries of this sort spread confusion through the justice system and lead to a consequent loss of respect for the underlying constitutional principle. ”