Paul McNeil was arrested in May 1987 on suspicion that he had committed armed robbery in West Allis, Wisconsin, near Milwaukee.

Two days later, the detective returned; this time, McNeil again waived his Miranda rights but admitted being involved in the Caledonia murder along with two other men.

This time, McNeil waived his Miranda rights and then admitted he had lied to the police in the previous interview regarding the involvement of one of the other men.

McNeil appealed, arguing that the trial court should have suppressed his three statements to the police regarding the Caledonia murder.

In Michigan v. Jackson, 475 U.S. 625 (1986), the Court had held that once the Sixth Amendment right to counsel attaches, the police may not question a defendant regarding that crime.

However, implicit in the Jackson ruling was the fact that the protection against subsequent interrogation related only to the crime with which the defendant had been charged.