Miranda v. Arizona · ¶137

Custodial interrogation has long been recognized as “undoubtedly an essential tool in effective law enforcement.” Haynes v. Washington, 373 U. S. 503, 515 (1963). Recognition of this fact should put us on guard against the promulgation of doctrinaire rules. Especially is this true where the Court finds that “the Constitution has prescribed” its holding and where the light of our past cases, from Hopt v. Utah, 110 U. S. 574, (1884), down to Haynes v. Washington, supra, is to the contrary. Indeed, even in Escobedo the Court never hinted that an affirmative “waiver” was a prerequisite to questioning; that the burden of proof as to waiver was on the prosecution; that the presence of counsel— absent a waiver — during interrogation was required; that a waiver can be withdrawn at the will of the accused; that counsel must be furnished during an accusatory stage to those unable to pay; nor that…

U. S. Reports, bound volume
U. S. Reports, volume 384, at 436 (Library of Congress) · transcription: Caselaw Access Project
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