The admission of an involuntary or coerced confession is subject to the harmless error test. State v. Childs, 146 Wis. 2d 116, 430 N.W.2d 353 (Ct. App. 1988). An unconstitutionally obtained confession may be admitted and serve as the sole basis for a bindover at a preliminary examination. State v. Moats, 156 Wis. 2d 74, 457 N.W.2d 299 (1990). The 5th amendment protects a defendant only when it is the state that is the questioner. Fear of self-incrimination does not exempt one from contractual duties. Constitutional immunity has no application to a private examination arising out of a contractual relationship. Thus, an insured cannot justify refusing to answer questions during an investigation of an insurance claim by invoking the 5th amendment privilege. State Farm Fire & Casualty Insurance Co. v. Walker, 157 Wis. 2d 459, 459 N.W.2d 605 (Ct. App. 1990). See also Link v. Link, 2022 WI App 9, 401 Wis. 2d 73, 972 N.W.2d 630, 20-1244. When a psychiatrist did not comply with Miranda, 384 U.S. 436 (1966), the constitution did not require exclusion of the results of the interview with the defendant from the competency phase of the trial. State v. Lindh, 161 Wis. 2d 324, 468 N.W.2d 168 (1991). The primary concern in attenuation cases is whether the evidence objected to is obtained by exploitation of a prior police illegality or instead by means sufficiently attenuated so as to be purged of the taint. Under Brown, 422 U.S. 590 (1975), the presence of Miranda, 384 U.S. 436 (1966), warnings alone does not cause a statement to be sufficiently attenuated so as to purge it of the taint of the illegal action. Other factors to be considered in determining attenuation are the temporal proximity of the official misconduct and the confession, the presence of intervening circumstances, and the purpose and flagrancy of the official misconduct. State v. Anderson, 165 Wis. 2d 441, 477 N.W.2d 277 (1991). Miranda, 384 U.S. 436 (1966), safeguards are not required when a suspect is simply in custody but are required when the suspect in custody is subjected to interrogation. State v. Coulthard, 171 Wis. 2d 573, 492 N.W.2d 329 (Ct. App. 1992). A criminal defendant may be compelled to submit a voice sample consisting of specific words for purposes of identification. The words do not require a revelation of the contents of the mind to impart an admission of or evidence of guilt. Commenting on a refusal to give a sample does not violate the right against self-incrimination. State v. Hubanks, 173 Wis. 2d 1, 496 N.W.2d 96 (Ct. App. 1992). A waiver of Miranda, 384 U.S. 436 (1966), rights must be made knowingly and intelligently, as well as voluntarily. A knowing and intelligent waiver must be shown by a preponderance of the evidence as determined from an objective assessment of the circumstances. State v. Lee, 175 Wis. 2d 348, 499 N.W.2d 250 (Ct. App. 1993). If police do not use coercive tactics, that a defendant is undergoing medical treatment or experiencing pain is not determinative on the issue of voluntariness. State v. Schambow, 176 Wis. 2d 286, 500 N.W.2d 362 (Ct. App. 1993). When a defendant pleads guilty then appeals the denial of a suppression motion under s. 971.31 (10), the harmless error rule may not be applied when a motion to suppress was erroneously denied. State v. Pounds, 176 Wis. 2d 315, 500 N.W.2d 373 (Ct. App. 1993). Failure to give Miranda, 384 U.S. 436 (1966), warnings during a telephone conversation initiated to encourage the defendant’s surrender following an armed robbery police suspected was committed by the defendant did not require suppression of admissions made to the police. State v. Stearns, 178 Wis. 2d 845, 506 N.W.2d 165 (Ct. App. 1993). Routine booking questions, such as the defendant’s name and address, that are not intended to elicit incriminating responses are exempted from the coverage of Miranda, 384 U.S. 436 (1966). Miranda safeguards are applicable to questions asked during an arrest or concerning name and residence when the questions relate to an element of the crime. State v. Stevens, 181 Wis. 2d 410, 511 N.W.2d 591 (1994). The defendant’s intoxication for purposes of motor vehicle statutes did not per se demonstrate an inability to knowingly waive Miranda, 384 U.S. 436 (1966), rights. State v. Beaver, 181 Wis. 2d 959, 512 N.W.2d 254 (Ct. App. 1994). Coercive police activity is a predicate to establishing involuntariness but does not itself establish involuntariness. Officer dissatisfaction with a defendant’s answers and statements by the officer that cooperation would benefit the defendant is not coercion without a promise of leniency. State v. Deets, 187 Wis. 2d 630, 523 N.W.2d 180 (Ct. App. 1994). A refusal to perform a field sobriety test is not testimony and not protected by the constitution. The refusal to submit to the test was properly admitted as evidence to determine probable cause for arrest for intoxicated operation of a motor vehicle. State v. Babbitt, 188 Wis. 2d 349, 525 N.W.2d 102 (Ct. App. 1994). Edwards, 451 U.S. 477 (1981), requires interrogation to cease once a suspect requests an attorney. It does not prohibit questions designed to accommodate the request. When in response to being asked his attorney’s name a suspect gave a name and then stated that the person was not an attorney, the interrogating officer was not prevented from continuing interrogation. State v. Lagar, 190 Wis. 2d 423, 526 N.W.2d 836 (Ct. App. 1994). A forced confession as a condition of probation does not violate the right against self-incrimination. The constitution protects against the use of confessions in subsequent criminal prosecutions but does not protect against the use of those statements in a revocation proceeding. State v. Carrizales, 191 Wis. 2d 85, 528 N.W.2d 29 (Ct. App. 1995). A suspect’s reference to an attorney who had represented or is presently representing the suspect in another matter is not a request for counsel requiring the cessation of questioning. State v. Jones, 192 Wis. 2d 78, 532 N.W.2d 79 (1995). The rights to counsel and to remain silent are the defendant’s. An attorney not requested by the defendant could not compel the police to end questioning by stating that no questioning was to take place outside the attorney’s presence. State v. Jones, 192 Wis. 2d 78, 532 N.W.2d 79 (1995). Once given, it is not necessary to repeat the Miranda, 384 U.S. 436 (1966), warnings during an investigation of the same person for the same crime. State v. Jones, 192 Wis. 2d 78, 532 N.W.2d 79 (1995). While polygraph tests are inadmissible, post-polygraph interviews, found distinct both as to time and content from the examination that preceded them and the statements made therein, are admissible. State v. Johnson, 193 Wis. 2d 382, 535 N.W.2d 441 (Ct. App. 1995). See also State v. Greer, 2003 WI App 112, 265 Wis. 2d 463, 666 N.W.2d 518, 01-2591; State v. Davis, 2008 WI 71, 310 Wis. 2d 583, 751 N.W.2d 332, 06-1954. The privilege against self-incrimination extends beyond sentencing as long as a defendant has a real fear of further incrimination, as when an appeal is pending, before an appeal of right or plea withdrawal has expired, or when the defendant intends or is in the process of moving for sentence modification and shows a reasonable chance of success. State v. Marks, 194 Wis. 2d 79, 533 N.W.2d 730 (1995). A defendant may selectively waive Miranda rights. Refusal to answer specific questions does not assert an overall right to to silence, if there is an unequivocal expression of selective invocation. State v. Wright, 196 Wis. 2d 149, 537 N.W.2d 134 (Ct. App. 1995), 94-3004. The analytical framework to apply in attenuation cases was set forth in Brown, 422 U.S. 590 (1975). Under Brown, the threshold requirement is the voluntariness of the challenged statements. The remaining factors bearing on admissibility are the temporal proximity of the illegal conduct and the confession, the presence of any intervening circumstances, and the purpose and flagrancy of the official misconduct. The burden of showing admissibility rests on the prosecution. State v. Tobias, 196 Wis. 2d 537, 538 N.W.2d 843 (Ct. App. 1995), 95-0324. The right to counsel under Miranda, 384 U.S. 436 (1966), must be personally invoked by the suspect. Simply retaining counsel is not an unequivocal statement that the suspect wishes to deal with the police only in the presence of counsel. State v. Coerper, 199 Wis. 2d 216, 544 N.W.2d 423 (1996), 94-2791. Once a suspect invokes the right to counsel, judicial inquiry into voluntariness is beside the point. Physical evidence derived from statements made in violation of the asserted right must be suppressed. However, evidence admitted in violation of this rule is subject to a harmless error analysis. State v. Harris, 199 Wis. 2d 227, 544 N.W.2d 545 (1996), 93-0730.