The following excerpt is from U.S. v. Fouche, 776 F.2d 1398, 80 A.L.R.Fed. 605 (9th Cir. 1985):
The fifth amendment's prohibition against compelled self-incrimination requires that before a custodial interrogation, a suspect must be advised that he has the right to remain silent and the right to the presence of an attorney. Miranda v. Arizona, 384 U.S. 436, 479, 86 S.Ct. 1602, 1630, 16 L.Ed.2d 694 (1966). If the suspect requests counsel, the interrogation must cease until an attorney is present. Id. at 474, 86 S.Ct. at 1627. If the interrogation continues without the presence of a requested attorney and the suspect gives a statement, the government has a heavy burden to demonstrate that the suspect knowingly and intelligently waived his privilege against self-incrimination and his right to counsel. Id. at 475, 86 S.Ct. at 1628. A valid waiver will not be presumed simply because the suspect eventually confessed. Id.
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