Miranda v. Arizona · ¶66

An individual need not make a pre-interrogation request for a lawyer. While such request affirmatively secures his right to have one, his failure to ask for a lawyer does not constitute a waiver. No effective waiver of the right to counsel during interrogation can be recognized unless specifically made after the warnings we here delineate have been given. The accused who does not know his rights and therefore does not make a request may be the person who most needs counsel. As the California Supreme Court has aptly put it:

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