For nearly 40 years appellate courts have disagreed about whether police must tell defendants they have a right to counsel during interrogation, as well as before questioning, as part of the Miranda warning. In the midst of this split, the 5th Circuit, which has required since 1968 that the defendant be "clearly informed" of a right to a lawyer during interrogation, has now decided it wants it both ways.
5th Circuit 'Miranda' Case Muddies the Waters
The National Law Journal
January 19, 2006