Does Miranda Apply When Defendant's Lawyer is Present?

If you type "miranda" into the search box on this blog, it will return more than 50 posts covering a wide range of related topics: the meaning of custody, deficient warnings, knowing and voluntary waivers, ambiguous assertion of rights, special rules for juveniles, readvising and reinterviewing, public safety exceptions, and many, many others. But I was stumped recently by a deceptively simple question that I had not heard before, and did not come up in those results: what if the defendant's lawyer is present? Does an in-custody defendant still have to be advised of his Miranda rights before he can be questioned by police? I did some digging, and the case law on this issue genuinely surprised me. You Have the Right to an Attorney... This One Right Here Custodial interviews of defendants in the presence of counsel are a routine occurrence in some types of cases like drug trafficking investigations, but this situation could arise in any case where a charged defendant has agreed to cooperate with the state and submit to an interview, or when a suspect is accompanied by his lawyer when he turns himself in and agrees to be questioned. In my experience, most officers advise such defendants of their Miranda rights anyway, and ask them to sign a waiver before beginning the questioning, just to be safe. But that moment always struck me as a little odd:  does he really need to be advised that he has the right to remain silent or speak to an [...]