 " What is clear from the record is that the detectives chose not to seek an express Miranda waiver ... and importantly , the detectives made a strategic choice not to ask Thompkins whether he would be willing to waive his rights ... presumably because doing so risked invocation ... Miranda 's " waiver first " rule is the most effective way to avoid the very evil that case sought to address , namely that the highly coercive and intimidating custodial environment compels unwilling suspects to speak [ ... ] a " waiver by confession " hours later is presumed to be the product of the interrogation environment – just the sort of coerced " waiver " Miranda sought to prevent . " ( emphasis in original ) 
