FIFTH AMENDMENT

SIXTH AMENDMENT

Police questioning [and Situation Police questioning waiver of retained or appointed counsel] Before custodial Once right attaches (critical Warnings Required interrogation state of criminal proceedings) Suspects are entitle to Privilege against selfeffective representation; only Reasoning incrimination way to achieve a fair and impartial criminal system Interrogation as to charged Application Interrogation must cease offense must cease Yes (police questioning), Invocation required Yes, unambiguous unambiguous; no (deliberate elicitation) Warning standard Miranda warnings Miranda warnings suffice Waiver allowed Yes Yes Voluntary, knowing, intelligent [additional Voluntary, knowing, Waiver standard requirements for waiving intelligent retained or appointed counsel] re-initiation by suspect after Allowed, police must obtain Allowed, police must obtain a invocation waiver. waiver. Invocation of silence police re-initiation and request for In custody suspect Not waiver allowed. allowed. Re-Initiation by police after Invocation of right to counsel Not in custody suspect invocation police re-initiation and Allowed, police must obtain a request for waiver NOT waiver. allowed. Re-Interrogation after talking Not allowed unless counsel is Not allowed unless counsel is to counsel present. present. Statement suppressed; fruit ofStatement suppressed; fruit of Consequences the poisonous tree doctrine the poisonous tree doctrine does NOT apply. applies.