Davis v. United States, 512 U.S. 452, 2 (1994)

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Cite as: 512 U. S. 452 (1994)

Syllabus

suspect does not wish to have one present. The Edwards rule provides a bright line that can be applied by officers in the real world of investigation and interrogation without unduly hampering the gathering of information. This clarity and ease of application would be lost if officers were required to cease questioning based on an ambiguous or equivocal reference to an attorney, since they would be forced to make difficult judgment calls about what the suspect wants, with the threat of suppression if they guess wrong. While it will often be good police practice for officers to clarify whether a suspect making an ambiguous statement really wants an attorney, they are not required to ask clarifying questions. Pp. 456-462. 2. There is no reason to disturb the conclusion of the courts below that petitioner's remark—"Maybe I should talk to a lawyer"—was not a request for counsel. P. 462.

36 M. J. 337, affirmed.

O'Connor, J., delivered the opinion of the Court, in which Rehnquist, C. J., and Scalia, Kennedy, and Thomas, JJ., joined. Scalia, J., filed a concurring opinion, post, p. 462. Souter, J., filed an opinion concurring in the judgment, in which Blackmun, Stevens, and Ginsburg, JJ., joined, post, p. 466.

David S. Jonas argued the cause for petitioner. With him on the briefs were Philip L. Sundel, Daniel S. Jonas, and David Rudovsky.

Richard H. Seamon argued the cause for the United States. With him on the briefs were Solicitor General Days, Assistant Attorney General Harris, Deputy Solicitor General Bryson, Joel M. Gershowitz, Theodore G. Hess, and Brett D. Barkey.*

*Fred E. Inbau, Wayne W. Schmidt, James P. Manak, Richard M. Weintraub, William C. O'Malley, and Bernard J. Farber filed a brief for Americans for Effective Law Enforcement, Inc., et al. as amici curiae urging affirmance.

Briefs of amici curiae were filed for the National Association of Criminal Defense Lawyers by Janet E. Ainsworth; and for the Washington Legal Foundation et al. by Paul G. Cassell, Daniel J. Popeo, and Paul D. Kamenar.

453

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