Second, the United States has an interest in introducing into evidence warned incriminating statements without becoming embroiled in collateral litigation over the mental state of particular federal or state agents who did not administer Miranda warnings in their initial questioning of the defendant.Finally, the question presented in this case is related to the questions presented in two pending cases in which the United States is a party in this Court, United States v. Patane, No.
The Missouri Supreme Court's rule would require a far more difficult and less reliable inquiry into whether officers genuinely believed that one or more of the predicates for Miranda warnings was not present, or whether they instead intended an "end run" around Miranda. App.
I believe that we are bound by Elstad to reach a different result, and I would vacate the judgment of the Supreme Court of Missouri.
App.
Because a failure to give Miranda warnings is not itself a constitutional violation, that aspect of Elstad's rationale applies equally whether the failure to warn is intentional or inadvertent. The admission of a subsequent statement that has been preceded by Miranda warnings and a valid waiver of rights, and that is otherwise knowing and voluntary within the meaning of the Fifth Amendment, manifests compliance with Miranda, not an "end run" around it.Miranda itself does contain language that purports to establish rules for the conduct of the police. Pet. Id. See Elstad, 470 U.S. at 312 (loss of "highly probative evidence of a voluntary confession" is a "high cost to legitimate law enforcement"); see also McNeil v. Wisconsin, 501 U.S. 171, 181 (1991) (the "ready ability to obtain uncoerced confessions is not an evil but an unmitigated good"); United States v. Washington, 431 U.S. 181, 187 (1977) ("far from being prohibited by the Constitution, admissions of guilt by wrongdoers, if not coerced, are inherently desirable").The Missouri Supreme Court's rule would also introduce an additional layer of litigation, fraught with the possibility for error, about the officer's intent.
Seibert: "If they could get him out of the trailer, to take him out of the trailer."
23729, 2002 WL 114804 (Mo. First, the United States has an interest in introducing into evidence warned incriminating statements that are reliable evidence of guilt, regardless of whether individual federal agents or state officers may have deliberately withheld Miranda warnings in their initial questioning of the defendant.
The Missouri Supreme Court relied on the same concern here in its reasoning that the unwarned interrogation "was intended to deprive [respondent] of the opportunity knowingly and intelligently to waive her Miranda rights."
MISSOURI V. SEIBERT 542 U. S. ____ (2004) SUPREME COURT OF THE UNITED STATES NO.
Police officers who engage in the practice at issue here also run the risk that their failure to give Miranda warnings, together with other evidence, might lead to a judicial finding that the first confession was coerced. Respondent sought to exclude both her unwarned and warned statements from the trial. It concluded that permitting the admission of voluntary warned statements, following intentional interrogation without warnings, would encourage officers to circumvent Miranda. Elstad also turned, the court said, on the conclusion that the psychological impact on the suspect of having "let[] the cat out of the bag" does not make a second confession that was preceded by Miranda warnings involuntary. Instead, the rationales on which Elstad relied were that the initial taking of an unwarned, but voluntary, statement is not a constitutional violation, and that the suspect's giving of a voluntary statement in unwarned questioning does not taint the voluntariness of a second, warned statement.
The admissibility of postwarning statements should continue to be governed by the principles of
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impact of missouri v seibert