This educational guide is based on the linked primary sources. It is not a Court publication, is not affiliated with the Court, and is not legal advice.
In brief
Overview
According to Chief Justice Rehnquist, the case John J. Fellers v. United States (No. 02-6320) was heard in oral argument.
According to Petitioner (Waxman), according to Petitioner (Waxman), the petitioner argues that the case concerns the Sixth Amendment right to counsel, not the Fifth Amendment Miranda right.
The respondent contends that the Eighth Circuit applied the wrong standard by focusing on interrogation rather than the Sixth Amendment test set in Rhode Island v. Innis.
The government says the “deliberate elicitation” standard is confusing and differs from the interrogation standard used for Miranda.
The court notes that after the petitioner was taken to jail, he received full Miranda warnings, voluntarily waived his right to counsel, and that any evidence derived from his statements must be suppressed unless the government shows sufficient attenuation.
The court also states that the fruits of the statement must be suppressed under the Nix and Wade precedents.
- [1] 72e5487a33f2693b6cde-r1-ad9797ec722593b6.pdf, p. 3
- [2] 72e5487a33f2693b6cde-r1-ad9797ec722593b6.pdf, p. 4
- [3] 72e5487a33f2693b6cde-r1-ad9797ec722593b6.pdf, p. 20
- [4] 72e5487a33f2693b6cde-r1-ad9797ec722593b6.pdf, p. 38
- [5] 72e5487a33f2693b6cde-r1-ad9797ec722593b6.pdf, p. 30
- [6] 72e5487a33f2693b6cde-r1-ad9797ec722593b6.pdf, p. 5
- [7] 72e5487a33f2693b6cde-r1-ad9797ec722593b6.pdf, p. 5
Background and question before the Court
The dispute centers on whether statements obtained after an indictment are protected by the Sixth Amendment right to counsel and whether such statements, and any evidence derived from them, must be excluded.
Justice Kennedy asked whether police officers generally know that once an indictment is filed, the Sixth Amendment applies in addition to the Fifth Amendment.
Justice Scalia asked whether the issue of deliberate elicitation is a legal conclusion.
What each side argues
Petitioner
According to Petitioner (Waxman), according to Petitioner (Waxman), the petitioner maintains that the case involves the Sixth Amendment right to counsel, not the Fifth Amendment self‑incrimination right.
Respondent
The respondent argues that the Eighth Circuit applied the wrong standard by focusing on interrogation rather than the Sixth Amendment test articulated in Rhode Island v. Innis.
Government
The government contends that the “deliberate elicitation” standard is confusing and has a different application than the interrogation standard for Miranda purposes.
What happened at oral argument
The officers arrived at the petitioner's home and already knew him.
The officers interrupted the petitioner, escorted him downstairs after he asked for shoes, and then took him to the jailhouse.
At the jailhouse the petitioner received full Miranda warnings, understood them, and voluntarily waived his right to counsel.
The court noted that any evidence derived from the petitioner's statements must be suppressed unless the government can prove sufficient attenuation of the taint.
The court also stated that the fruits of the statement must be suppressed under the Nix and Wade precedents.
Justice Kennedy asked whether police officers generally know that once an indictment is filed, the Sixth Amendment applies as well as the Fifth.
Justice Scalia asked whether the issue of deliberate elicitation is a legal conclusion.
- [1] 72e5487a33f2693b6cde-r1-ad9797ec722593b6.pdf, p. 39
- [2] 72e5487a33f2693b6cde-r1-ad9797ec722593b6.pdf, p. 42
- [3] 72e5487a33f2693b6cde-r1-ad9797ec722593b6.pdf, p. 30
- [4] 72e5487a33f2693b6cde-r1-ad9797ec722593b6.pdf, p. 5
- [5] 72e5487a33f2693b6cde-r1-ad9797ec722593b6.pdf, p. 5
- [6] 72e5487a33f2693b6cde-r1-ad9797ec722593b6.pdf, p. 5
- [7] 72e5487a33f2693b6cde-r1-ad9797ec722593b6.pdf, p. 10
What the Court decided
Why it matters
Terms to know
No glossary terms are available for this guide.
Primary sources
Read the source materials on the official site or open the immutable repository copy used for this guide.
- 72e5487a33f2693b6cde-r1-ad9797ec722593b6.pdforal argument transcript
Guide generated September 20, 2026. Automated validation accepted this version.