The due process model imposes numerous restraints on the
police in order to protect the rights of suspects and minimize informal
fact-finding in the streets and station-houses. The police
should not arrest or detain a person in order to develop their
case. If there is any communication between the police and the
accused, the accused should be carefully informed about the right
to be silent and the right to contact counsel. "[T]here is no moment
in the criminal process when the disparity in resources between
the state and the accused is greater than at the moment of
arrest. ,54 Any statements taken absent a clear and voluntary waiver
by the accused of his or her rights should be excluded from a subsequent
criminal trial in order to protect the accused from unfair
self-incrimination.