When police sought a custodial interrogation with George Rios, prior to questioning, an officer read the following warning:

You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to the presence of an attorney to assist you prior to questioning. Um. If you can't afford one we'll provide one for you. Ok. Do you understand those rights?

Inconsistent with the requirements of Miranda v. Arizona, 384 U.S. 436 (1966), and its progeny, the officer failed to advise Rios that he had the right to the presence of counsel during questioning. The Arizona courts, consistent with a minority rule, permitted this deficient advisory to stand.

The question presented is:

Does Miranda require that a person subjected to custodial interrogation be informed of his right to invoke the presence of counsel during questioning?

Does Miranda require that a person subjected to custodial interrogation be informed of his right to invoke the presence of counsel during questioning?