Texas v. Cobb, 532 U.S. 162, 10 (2001)

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Cite as: 532 U. S. 162 (2001)

Opinion of the Court

evidence pertaining to charges as to which the Sixth Amendment right to counsel had not attached at the time the evidence was obtained, simply because other charges were pending at that time, would unnecessarily frustrate the public's interest in the investigation of criminal activities." 474 U. S., at 179-180 (emphasis added; footnote omitted).

See also id., at 168 ("[T]he purpose of their meeting was to discuss the pending charges"); id., at 177 ("[T]he police knew . . . that Moulton and [the informant] were meeting for the express purpose of discussing the pending charges . . ." (emphasis added)). Thus, respondent's reliance on Moulton is misplaced and, in light of the language employed there and subsequently in McNeil, puzzling.

Respondent predicts that the offense-specific rule will prove "disastrous" to suspects' constitutional rights and will "permit law enforcement officers almost complete and total license to conduct unwanted and uncounseled interrogations." Brief for Respondent 8-9. Besides offering no evidence that such a parade of horribles has occurred in those jurisdictions that have not enlarged upon McNeil, he fails to appreciate the significance of two critical considerations. First, there can be no doubt that a suspect must be apprised of his rights against compulsory self-incrimination and to consult with an attorney before authorities may conduct custodial interrogation. See Miranda v. Arizona, 384 U. S., at 479; Dickerson v. United States, 530 U. S. 428, 435 (2000) (quoting Miranda). In the present case, police scrupulously followed Miranda's dictates when questioning respondent.2 Second, it is critical to recognize that the Con-2 Curiously, while predicting disastrous consequences for the core values underlying the Sixth Amendment, see post, at 179-183 (opinion of Breyer, J.), the dissenters give short shrift to the Fifth Amendment's role (as expressed in Miranda and Dickerson) in protecting a defendant's right to consult with counsel before talking to police. Even though the Sixth Amendment right to counsel has not attached to uncharged offenses,

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