{
  "id": "RL32224",
  "type": "CRS Report",
  "typeId": "REPORTS",
  "number": "RL32224",
  "active": false,
  "source": "EveryCRSReport.com",
  "versions": [
    {
      "source": "EveryCRSReport.com",
      "id": 104239,
      "date": "2004-07-26",
      "retrieved": "2016-04-07T20:11:39.333284",
      "title": "Miranda Reconsidered: Supreme Court Review of Miranda Rights in United States v. Patane Missouri v. Seibert, and Fellers v. United States",
      "summary": "The United States Supreme Court created the now well-known  Miranda  warnings\nto preserve the\nright against self-incrimination provided by the Fifth Amendment of the Constitution and the right\nto counsel provided by the Sixth Amendment. These warnings provide that prior to questioning,\nindividuals suspected of a crime must be informed of their right to remain silent, that anything they\nsay may be used against them in court, that they have the right to an attorney, and if they cannot\nafford one, that a lawyer will be appointed to represent them.  Miranda v. Arizona , 384\nU.S.  425\n(1966). Aside from serving to inform people of their rights, the  Miranda  decision is\nmeant to guide\nthe police and deter improper conduct. \n  This term the United States Supreme Court decided two cases that challenged\n  Miranda :  United\nStates v. Patane , and  Missouri v. Seibert . In  Patane,  the United States\nCourt of Appeals for the\nTenth Circuit held that a firearm should be suppressed on grounds that it was inadmissible as the\n'fruit' of a statement obtained without  Miranda  warnings.  United States v.\nPatane , 304 F. 3d 1013,\n1014 (10th Cir. 2002). On June 28, 2004, the Supreme Court issued its opinion reversing the circuit\ncourt's decision and remanding the case. The Court held that a failure to give  Miranda \nwarnings\ndoes not require the exclusion of physical evidence derived from a suspect's unwarned but voluntary\nstatements. The Court reasoned that since  Miranda  warnings were designed to protect\na criminal\ndefendant's rights under the Fifth Amendment and the Fifth Amendment forbids compelling a\ndefendant to  testify  against himself at trial, the introduction of physical evidence\nobtained as a result\nof voluntary statements given without  Miranda  warnings does not violate the Fifth\nAmendment.\n United States v. Patane , 542 U.S. __, 72 U.S.L.W. 4643 (June 28, 2004) (No. 02-1183). \n  In  Seibert , the Missouri Supreme Court held that  Mirandized \n confessions following a prior\nintentional violation of  Miranda  are inadmissible in court. On June 28, 2004, the\nSupreme Court\nissued an opinion affirming the lower court's decision. In so doing the Court held that when police\nofficers deliberately withhold  Miranda  warnings, consequent statements are inadmissible\neven if\n Miranda  warnings are later administered, because the statements cannot be considered\nvoluntary. \n Missouri v. Seibert , 542 U.S. __, 72 U.S.L.W. 4634 (June 28, 2004)(No. 02-1371). \nHowever, the\nCourt left the door open for the possible admission of these statements when the withholding of the\n Miranda  warnings is unintentional.\n  A third case,  United States v. Fellers , originally raised a  Miranda  issue,\n but it was disposed by\nthe Court on Sixth Amendment right to counsel grounds.",
      "type": "CRS Report",
      "typeId": "REPORTS",
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}