MIRANDA FLOWCHARTQUALIFIED?IMPLIED?1. ADVISE2. UNDERSTANDING3. CONDUCT INDICATING WAIVERORORDID THE DEFENDANT RE-INITIATE HIS RIGHTS?WAS THE DEFENDANT ADVISED OF HIS RIGHTS?Factors: How long did the police cease interrogation? Did they re-Mirandize defendant? When they returned, did they come back to talk about the same or a different crime? Did the officers who came back know about the earlier assertion of silence?

SILENCE?SCRUPULOUSLY HONORED?COUNSEL PRESENT?KNOWING INTELLIGENT VOLUNTARYKIV WAIVERCOUNSELINVOCATION(UNAMBIGUIOUSLY)ADVICE OF RIGHTS (REASONABLE)DISPEL

ADMISSABLECONFESSIONINHERENT COMPULSIONKNOWN STATE ACTOR?SEEKING TESTIMONIAL EVIDENCE?CUSTODYINTERROGATION