Cite as: 532 U. S. 162 (2001)
Breyer, J., dissenting
accused has expressed desire to deal with police through counsel, police may not reinitiate interrogation until counsel has been made available); ABA Ann. Model Rule of Professional Conduct 4.2, p. 398, comment. (4th ed. 1999) ("Rule 4.2 . . . exists to prevent lawyers from taking advantage of uncounseled laypersons and to preserve the integrity of the lawyer-client relationship").
For these reasons, the Sixth Amendment right at issue is independent of the Fifth Amendment's protections; and the importance of this Sixth Amendment right has been repeatedly recognized in our cases. See, e. g., Michigan v. Jackson, supra, at 636 ("We conclude that the assertion [of the right to counsel] is no less significant, and the need for additional safeguards no less clear, when the request for counsel is made at an arraignment and when the basis for the claim is the Sixth Amendment").
Justice Kennedy primarily relies upon Patterson v. Illinois, 487 U. S. 285 (1988), in support of his conclusion that Jackson is not good law. He quotes Patterson's statement that the Constitution does " 'not ba[r] an accused from making an initial election as to whether' " to speak with the police without counsel's assistance. Ante, at 175 (quoting Patterson v. Illinois, supra, at 291).
This statement, however, cannot justify the overruling of Jackson. That is because, in Patterson itself, this Court noted, "as a matter of some significance," that, at the time he was interrogated, the defendant had neither retained nor accepted the appointment of counsel. 487 U. S., at 290, n. 3. We characterized our holding in Jackson as having depended upon "the fact that the accused 'ha[d] asked for the help of a lawyer' in dealing with the police," 487 U. S., at 291 (quoting Michigan v. Jackson, supra, at 631), and explained that, "[o]nce an accused has a lawyer, a distinct set of constitutional safeguards aimed at preserving the sanctity of the attorney-client relationship takes effect," 487 U. S., at 290, n. 3 (citing Maine v. Moulton, 474 U. S., at 176).
181
Page: Index Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 NextLast modified: October 4, 2007