Randy Moore appeared at a police station for questioning in an alleged assault, kidnapping, and murder. After making a statement about his activities at the time in question, Moore invoked his Miranda rights, and he was released and ordered to return the next day. Officers requested that Moore talk with his brother, Raymond, in the meantime. The officers apparently had a good reason for making the request, as they had a personal and working relationship with Raymond.

Moore spoke with his brother and later returned to the police station as ordered. There, he was interrogated despite his requests for counsel. Officers told Moore that the police could be helpful to him, and they indicated that they could “go to bat” for him, if he confessed. Moore ultimately did so, giving police a recorded confession. Before making the confession, Moore responded to police inquiries by stating that he voluntarily returned to the station, and he was not in custody.