If a suspect makes an ambiguous or equivocal reference to counsel, the police need neither cease questioning nor clarify the suspect’s desire for counsel, although the latter will often be good police practice. State v. Jennings, 2002 WI 44, 252 Wis. 2d 228, 647 N.W.2d 142, 00-1680. The standard for whether a person is in custody so as to require Miranda, 384 U.S. 436 (1966), warnings is whether a reasonable innocent person in the situation would believe the person is in custody. Stated differently, the standard is the objective one of the reasonable person, not the subjective one of the suspect in the particular case, who may assume the suspect is being arrested because the suspect knows there are grounds for an arrest. State v. Morgan, 2002 WI App 124, 254 Wis. 2d 602, 648 N.W.2d 23, 01-2148. See also State v. Dobbs, 2020 WI 64, 392 Wis. 2d 505, 945 N.W.2d 609, 18-0319. The right against self-incrimination survives conviction and remains active while a direct appeal is pending. A probationer may be compelled to answer self-incriminating questions from a probation or parole agent, or suffer revocation for refusing to do so, only if there is a grant of immunity rendering the testimony inadmissible in a criminal prosecution. State ex rel. Tate v. Schwarz, 2002 WI 127, 257 Wis. 2d 40, 654 N.W.2d 438, 00-1635. The clear rule governing the 6th amendment right to counsel is that once adversarial judicial proceedings have commenced, the accused has a right to legal representation when subject to state interrogation. At the onset of post-charge police interrogations, the accused must be made aware that the adversarial process has begun and that the accused can request the assistance of counsel at the interrogations. State v. Anson, 2002 WI App 270, 258 Wis. 2d 433, 654 N.W.2d 48, 01-2907. Miranda, 384 U.S. 436 (1966), warnings need only be administered to individuals who are subjected to custodial interrogation. An officer’s words and conduct in responding to the defendant’s questions regarding the evidence against the defendant was not interrogation. State v. Fischer, 2003 WI App 5, 259 Wis. 2d 799, 656 N.W.2d 503, 02-0147. Police conduct does not need to be egregious or outrageous in order to be coercive. Subtle pressures are considered to be coercive if they exceed the defendant’s ability to resist. Pressures that are not coercive in one set of circumstances may be coercive in another set of circumstances. State v. Hoppe, 2003 WI 43, 261 Wis. 2d 294, 661 N.W.2d 407, 00-1886. A Miranda, 384 U.S. 436 (1966)-Goodchild, 27 Wis. 2d 244 (1965), hearing to determine voluntariness of confessions is an evidentiary hearing for the parties. It is not a soliloquy for the court. The court must not permit itself to become a witness or an advocate for one party. A defendant does not receive a full and fair evidentiary hearing when the role of the prosecutor is played by the judge and the prosecutor is reduced to a bystander. State v. Jiles, 2003 WI 66, 262 Wis. 2d 457, 663 N.W.2d 798, 02-0153. Police misrepresentation is not so inherently coercive that it renders a statement inadmissible; rather, it is simply one factor to consider out of the totality of the circumstances. State v. Triggs, 2003 WI App 91, 264 Wis. 2d 861, 663 N.W.2d 396, 02-0447. Coercive conduct by a private person, absent any claim of state involvement, is insufficient to render a confession inadmissible on due process grounds. Involuntary confession jurisprudence is entirely consistent with settled law requiring some state action to support a claim of violation of the due process clause. The most outrageous behavior by a private party seeking to secure evidence against a defendant does not make that evidence inadmissible under the due process clause. State v. Moss, 2003 WI App 239, 267 Wis. 2d 772, 672 N.W.2d 125, 03-0436. Relay questioning implies that different interrogators relieve each other in an effort to put unremitting pressure on a suspect. When over a 12-hour period there were breaks during and between three interrogation sessions with three interrogation teams and at least one of the changes in interrogation teams was due to a shift change, there was no impermissible relay questioning or excessively long isolation or interrogation. State v. Agnello, 2004 WI App 2, 269 Wis. 2d 260, 674 N.W.2d 594, 00-2599. A convicted defendant was not entitled to Miranda, 384 U.S. 436 (1966), warnings prior to a court-ordered presentence investigation when the defendant’s admission to the crime given in the investigation after denying the crime at trial was later used in a perjury prosecution against the defendant when the interview was routine and was not conducted while the defendant’s jeopardy was still in doubt. State v. Jimmie R.R., 2004 WI App 168, 276 Wis. 2d 447, 688 N.W.2d 1, 02-1771. Neither the text nor the spirit of the 5th amendment confers a privilege to lie. Proper invocation of the privilege against compulsory self-incrimination allows a witness to remain silent, but not to swear falsely. No matter how illusory the right to silence may seem to a defendant, that does not exert a form of pressure that exonerates an otherwise unlawful lie. State v. Reed, 2005 WI 53, 280 Wis. 2d 68, 695 N.W.2d 315, 03-1781. A prosecuting attorney ordinarily may not comment on an accused’s decision not to testify. There are circumstances, however, when an accused opens the door to a measured response by the prosecuting attorney. It may be proper for a prosecutor to comment on an accused’s failure to testify after the accused’s account of events are given during opening statements but the accused later refuses to testify. State v. Moeck, 2005 WI 57, 280 Wis. 2d 277, 695 N.W.2d 783, 03-0002. When a request to remain silent is ambiguous, police need not endeavor to clarify the suspect’s request. A suspect’s statement, “I don’t know if I should speak to you,” was insufficient to unambiguously invoke the right to remain silent. State v. Hassel, 2005 WI App 80, 280 Wis. 2d 637, 696 N.W.2d 270, 04-1824. If a defendant takes the stand in order to overcome the impact of confessions illegally obtained and hence improperly introduced, the defendant’s testimony is tainted by the same illegality that rendered the confessions themselves inadmissible. The state has the burden to prove beyond a reasonable doubt that its use of the unlawfully obtained statements did not induce the defendant’s testimony. Because the ultimate conclusion as to whether the defendant was impelled to testify is a question of constitutional fact, the circuit court may not hold an evidentiary hearing when making the determination. The hearing is a paper review during which a circuit court makes findings of historical fact based on the record. State v. Anson, 2005 WI 96, 282 Wis. 2d 629, 698 N.W.2d 776, 03-1444. All custodial interrogation of juveniles must be electronically recorded when feasible, and without exception when questioning occurs at a place of detention. State v. Jerrell C.J., 2005 WI 105, 283 Wis. 2d 145, 699 N.W.2d 110, 02-3423. Failure to call a juvenile suspect’s parents for the purpose of depriving the juvenile of the opportunity to receive advice and counsel will be considered strong evidence that coercive tactics were used to elicit the incriminating statements, but the call is not mandatory. State v. Jerrell C.J., 2005 WI 105, 283 Wis. 2d 145, 699 N.W.2d 110, 02-3423. That a lawyer, while present during questioning, instructed the interrogating officer not to read the Miranda, 384 U.S. 436 (1966), warnings and told the lawyer’s client that if the warnings were not given, whatever the client said could not be used in court did not relieve the officer from the duty to read the warnings. State v. Rockette, 2005 WI App 205, 287 Wis. 2d 257, 704 N.W.2d 382, 04-2731. A two-pronged subjective/objective test is applicable for determining whether, as a matter of law, a police officer’s statements given in a criminal investigation are coerced and involuntary, and therefore subject to suppression. In order for statements to be considered sufficiently compelled such that immunity attaches, a police officer must subjectively believe the officer will be fired for asserting the privilege against self-incrimination, and that belief must be objectively reasonable. State v. Brockdorf, 2006 WI 76, 291 Wis. 2d 635, 717 N.W.2d 657, 04-1519. See also State v. McPike, 2009 WI App 166, 322 Wis. 2d 561, 776 N.W.2d 617, 08-3037. When a defendant seeks to exclude prior statements based upon the defendant’s 5th amendment privilege, the defendant must first establish that the statements at issue are 1) testimonial; 2) compelled; and 3) incriminating. State v. Mark, 2006 WI 78, 292 Wis. 2d 1, 718 N.W.2d 90, 03-2068. When defense counsel prompted jurors to speculate that the defendant’s alleged cohorts did not testify because they would not corroborate the accusations of an undercover officer, the prosecutor fairly suggested that the pair had the right not to testify in accordance with their 5th amendment right against self-incrimination. It is not improper for a prosecutor to note that the defendant has the same subpoena powers as the government, particularly when done in response to a defendant’s argument about the prosecutor’s failure to call a specific witness. State v. Jaimes, 2006 WI App 93, 292 Wis. 2d 656, 715 N.W.2d 669, 05-1511. Under the totality of the circumstances of this case, that it was not necessary for the prosecutor interviewing the defendant to formally re-advise the defendant of the defendant’s Miranda, 384 U.S. 436 (1966), rights when it was undisputed that the defendant had been advised of those rights the day before, and the defendant clearly indicated to the prosecutor in the prosecutor’s office that the defendant remembered those rights and understood those rights, and therefore the statement the defendant made to the prosecutor was admissible. State v. Backstrom, 2006 WI App 114, 293 Wis. 2d 809, 718 N.W.2d 246, 05-1270. Pre-custody invocation of the right to counsel was not an invocation of the right to counsel under Miranda, 384 U.S. 436 (1966), and therefore the defendant’s ensuing post-Mirandized inculpatory statements made while undergoing custodial interrogation did not need to be suppressed. State v. Kramer, 2006 WI App 133, 294 Wis. 2d 780, 720 N.W.2d 459, 05-0105. Pre-Miranda, 384 U.S. 436 (1966), silence may be used: 1) to impeach a defendant when the defendant testifies; or 2) substantively to suggest guilt. Once the defendant testifies, the defendant’s pre-Miranda silence may be used by the prosecutor. State v. Mayo, 2007 WI 78, 301 Wis. 2d 642, 734 N.W.2d 115, 04-1592. The corroboration rule is a common law rule that requires that a conviction of a crime may not be grounded on the admission or confessions of the accused alone. There must be corroboration of a significant fact in order to produce a confidence in the truth of the confession. The significant fact need not independently establish a specific element of a crime. It is also unnecessary that the significant fact be particular enough to independently link the defendant to the crime. State v. Bannister, 2007 WI 86, 302 Wis. 2d 158, 734 N.W.2d 892, 05-0767. Once the defendant initiated the topic of why he chose to remain silent and his explanation put him in a better position than had he not mentioned the reason, it was not then fundamentally unfair for the state on cross-examination to attack the credibility of that explanation. The suggestion of fabrication in cross-examination was not fundamentally unfair and not the equivalent of asking the jury to infer guilt from the defendant’s silence. State v. Cockrell, 2007 WI App 217, 306 Wis. 2d 52, 741 N.W.2d 267, 05-2672. Under Ross, 203 Wis. 2d 66 (1996), a suspect’s claimed unequivocal invocation of the right to remain silent must be patent. The Ross rule allows no room for an assertion that permits even the possibility of reasonable competing inferences. There is no invocation of the right to remain silent if any reasonable competing inference can be drawn. State v. Markwardt, 2007 WI App 242, 306 Wis. 2d 420, 742 N.W.2d 546, 06-2871. See also State v. Cummings, 2014 WI 88, 357 Wis. 2d 1, 850 N.W.2d 915, 11-1653.