What is the current state of the law on whether a written statement obtained from appellant without the presence of counsel is a violation of his Miranda rights?

Under Miranda it is clear that if an individual indicates his desire for counsel, all interrogation must cease until an attorney is present. Miranda v. Arizona, supra, at 474, 86 S.Ct. 1602. In this case the magistrate, with ample reason, felt appellant to be incapable of making this decision and determined himself that the presence of counsel was required. The evidence supporting the magistrate's decision is clear and adequate, including the actions and observations of the Chief of Police. We therefore hold that the written statement which was elicited from appellant without the presence of counsel should not have been admitted in evidence, and that its admission constituted an infringement of appellant's federally protected rights under the teaching of Miranda.