-when you give Miranda warnings, you are promising to not use that against them; if you mention at trial that D had invoked right to remain silent, DP violation Unanswered Question: what if Massiah met IL v. Scott? if D arraigned on offense w/ no jail time as penalty (no incarceration, no 6th amend right to counsel); can police interrogate w/o violating Massiah 6th amend right to counsel? seems like yes.