Hence, if the accused himself approaches the police, this suggests that the accused may not be being badgered, so that when the police respond to the accused's queries with questions of their own, a reviewing court can decide, based on the totality of the circumstances, whether the accused had waived his Fifth Amendment rights during interrogation. In other words, an accused does not waive his right to counsel during interrogation merely because, after invoking that right, he approaches the police with questions of his own.
Consequently, if the defendant takes the initiative to contact the police, it suggests that the defendant is not being intimidated, and therefore, when the police respond with questions, a reviewing court can evaluate whether the defendant voluntarily relinquished their Fifth Amendment rights during interrogation. In other words, an accused does not waive their right to counsel simply because they ask the police questions after invoking that right.