Davis v. United States

Summary

The Court, in an opinion by Justice O'Connor joined by Chief Justice Rehnquist and Justices Scalia, Kennedy, and Thomas, held that after a knowing and voluntary Miranda waiver, officers may continue questioning unless the suspect unambiguously requests counsel. Officers need not clarify an ambiguous reference to an attorney, although clarification is good practice. Davis's statement, "Maybe I should talk to a lawyer," did not require cessation of questioning, and the Court affirmed. Justice Scalia separately concurred, criticizing the Government's persistent failure to invoke 18 U.S.C. § 3501 and warning against continued judicial disregard of that statute. Justice Souter, joined by Justices Blackmun, Stevens, and Ginsburg, concurred in the judgment because investigators had clarified Davis's wishes, but would require clarification before substantive interrogation resumes after an ambiguous reference to counsel.