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Supreme Court Limits Miranda Warnings and Holds Incarceration May Not Be Custody

Miranda warnings are required to be given when a suspect is in a custodial setting. If the suspect invokes his right to refuse to answer questions without a lawyer, no questioning can take place. If he starts to answer questions and then asks for a lawyer, questioning must cease. If these rules aren't followed, Edwards v. Arizona allows a subsequent confession to be suppressed. Under Edwards, any subsequent waiver of Miranda rights is presumed involuntary unless the suspect, rather than the police, reinitiated questioning. The

The Supreme Court today ruled in Maryland v. Schatzer that if the suspect asks for a lawyer and is released without questioning taking place, that request is only valid for two weeks. Scotus Blog reports here and has the opinion here. The opinion is written by Justice Scalia. No one dissented, including Sotomayor, but Justices Stevens and Thomas filed their own opinions concurring in part and concurring in the judgment. [More....]

In other words, after two weeks, police can bring the suspect back into custody as if he never invoked his right to a lawyer, read him his Miranda rights again, and hope this time he answers without a lawyer.

This is an invitation to "catch and release." At some point, I would think, an individual is going to get sick of the hassle of being brought down to the station house to answer questions, particularly if they are on the job and get pulled out of work every few weeks, and just answer the questions to get it over with.

The case involved a man who was already serving a sentence. It also involved a delay of two and one half years between questioning. Yet, today the Supreme Court says it wants to give law enforcement guidance, so it sets a 14 days as the maximum period Miranda warnings are valid. To top it off, it holds that incarceration is not necessarily "in custody" for interrogation and Miranda purposes, coming up with a distinction called "interrogative custody." It reasons that since for an inmate serving a prison sentence, the prison is his home, and he can go places like the prison library, he's not in a custodial setting just because he can't leave and his home is a prison.

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  • Display: Sort:
    What's the rule (none / 0) (#1)
    by Big Tent Democrat on Wed Feb 24, 2010 at 11:33:43 AM EST
    regarding talking without a lawyer after being Mirandized, being released and then brought back in?

    Logic would dictate that the person be re-Mirandized no?


    The Court also said (none / 0) (#2)
    by jbindc on Wed Feb 24, 2010 at 11:34:11 AM EST
    That under the Edwards decision, a suspect who initially invoked Miranda could not be questioned later, even if the suspect waived his Miranda rights at the second questioning, because that would be considered an "involuntary waiver".  This decision knocked that down and in this specific case, said the suspect had a right to waive his Miranda rights.

    Court also decided the Hertz case today (none / 0) (#3)
    by andgarden on Wed Feb 24, 2010 at 11:43:46 AM EST
    "Nerve center" test for principal place of business is now the rule everywhere.

    I'll have to review it (none / 0) (#4)
    by Big Tent Democrat on Wed Feb 24, 2010 at 11:45:13 AM EST
    Nerve center test is the best one imo.

    Parent
    Should be interesting (none / 0) (#5)
    by jbindc on Wed Feb 24, 2010 at 11:45:18 AM EST
    With all those companies incorporated in Delaware.

    Parent
    This could lead (none / 0) (#9)
    by Abdul Abulbul Amir on Wed Feb 24, 2010 at 11:59:40 AM EST
    to a building boom in Delaware and any number of jobs transferred there to be lost elsewhere.  

    Parent
    Not really (none / 0) (#22)
    by andgarden on Wed Feb 24, 2010 at 02:33:56 PM EST
    "State of incorporation" remains part of the test.

    Parent
    Then how will they (none / 0) (#23)
    by jbindc on Wed Feb 24, 2010 at 02:36:55 PM EST
    marry the two ideas - incorporated in Delaware and "nerve center" / company HQ in Ohio?

    Parent
    It's either (none / 0) (#24)
    by andgarden on Wed Feb 24, 2010 at 04:05:59 PM EST
    Feb. 23. (none / 0) (#6)
    by oculus on Wed Feb 24, 2010 at 11:50:01 AM EST
    So sue me (5.00 / 1) (#10)
    by andgarden on Wed Feb 24, 2010 at 12:00:50 PM EST
    Isn't this the height of efficiency? (none / 0) (#7)
    by oculus on Wed Feb 24, 2010 at 11:54:38 AM EST
    Scalia said the high court thought it was "impractical" to let lower courts decide the time period for lawyer requests on a case-by-case basis.

    "In our judgment, 14 days will provide plenty of time for the suspect to get reacclimated to his normal life, to consult with friends and counsel and to shake off any residual coercive effects of his prior custody," Scalia said.

    AP

    Do you suppose SCOTUS is under (none / 0) (#8)
    by oculus on Wed Feb 24, 2010 at 11:56:29 AM EST
    the impression an inmate is free to amble about a prison unaccompanied by a correctional officer?  

    Wasn't the rationale (none / 0) (#11)
    by jbindc on Wed Feb 24, 2010 at 12:12:31 PM EST
    That someone who is incarcerated for a completely different crime is technically "free" from being held for questioning in the new crime when they are put back in the general population?  

    Parent
    Ridiculous. (And I say (none / 0) (#12)
    by oculus on Wed Feb 24, 2010 at 12:18:40 PM EST
    this from the perspective of a former prosecutor.

    Parent
    I'm not agreeing with it (none / 0) (#13)
    by jbindc on Wed Feb 24, 2010 at 12:21:59 PM EST
    Just saying that's what I thought I read in the opinion.

    Parent
    Good to hear.... (none / 0) (#14)
    by kdog on Wed Feb 24, 2010 at 01:08:11 PM EST
    Its a wonder how twisted legal minds can get it...a grade-schooler can see clear as day a prisoner is, by definition, in custody.

    For a bunch of brainiacs with degrees up the wazoo, the SC can be as dumb as a bag of rocks sometimes.  

    Parent

    Not dumb. Disingenuous. (none / 0) (#15)
    by oculus on Wed Feb 24, 2010 at 01:10:34 PM EST
    Then disengenous... (none / 0) (#16)
    by kdog on Wed Feb 24, 2010 at 01:13:33 PM EST
    to a point that it borders stupidity.

    Parent
    Results oriented. (none / 0) (#17)
    by oculus on Wed Feb 24, 2010 at 01:17:01 PM EST
    The holding (none / 0) (#18)
    by jbindc on Wed Feb 24, 2010 at 01:22:03 PM EST
    From p. 2 of the opinion

    (b) Shatzer's release back into the general prison population constitutes a break in Miranda custody. Lawful imprisonment imposed
    upon conviction does not create the coercive pressures produced by investigative custody that justify Edwards. When previously incarcerated suspects are released back into the general prison population, they return to their accustomed surroundings and daily routine--
    they regain the degree of control they had over their lives before the attempted interrogation.  Their continued detention is relatively disconnected from their prior unwillingness to cooperate in an investigation. The "inherently compelling pressures" of custodial interrogation
    ended when Shatzer returned to his normal life.  Pp. 13-16.


    Parent
    More (none / 0) (#19)
    by jbindc on Wed Feb 24, 2010 at 01:28:25 PM EST
    PP 8-9 of the opinion

    When, unlike what happened in these three cases, a suspect has been released from his pretrial custody and has returned to his normal life for some time before the later attempted interrogation, there is little reason to think that his change of heart regarding interrogation without counsel has been coerced.  He has no longer been isolated. He has likely been able to seek advice from an attorney, family members, and friends. And he knows
    from his earlier experience that he need only demand counsel to bring the interrogation to a halt; and that in­vestigative custody does not last indefinitely.  In these circumstances, it is far fetched to think that a police officer's asking the suspect whether he would like to waive his Miranda rights will any more "wear down the accused," Smith v. Illinois, 469 U. S. 91, 98 (1984) (per curiam), than did the first such request at the original attempted interrogation--which is of course not deemed
    coercive. His change of heart is less likely attributable to "badgering" than it is to the fact that further deliberation in familiar surroundings has caused him to believe
    (rightly or wrongly) that cooperating with the investiga­tion is in his interest. ­


    Parent
    I haven't seen that much spinning... (none / 0) (#20)
    by kdog on Wed Feb 24, 2010 at 01:31:28 PM EST
    since Jerry died.

    Parent
    And then (none / 0) (#21)
    by jbindc on Wed Feb 24, 2010 at 01:35:12 PM EST
    We have never decided whether incarceration consti­tutes custody for Miranda purposes, and have indeed explicitly declined to address the issue.  See Perkins, 496
    U. S., at 299.  See also Bradley v. Ohio, 497 U. S. 1011,1013 (1990) (Marshall, J., dissenting from denial of certio­rari). Whether it does depends upon whether it exerts the coercive pressure that Miranda was designed to guard
    against--the "danger of coercion [that] results from the interaction of custody and official interrogation."  Perkins, supra, at 297 (emphasis added).  To determine whether a
    suspect was in Miranda custody we have asked whether"there is a `formal arrest or restraint on freedom of move­ment' of the degree associated with a formal arrest." New York v. Quarles, 467 U. S. 649, 655 (1984); see also Stans-
    bury v. California, 511 U. S. 318, 322 (1994) (per curiam).

    This test, no doubt, is satisfied by all forms of incarcera­tion. Our cases make clear, however, that the freedom-of­-movement test identifies only a necessary and not a suffi­cient condition for Miranda custody.  We have declined to accord it "talismanic power," because Miranda is to be enforced "only in those types of situations in which the concerns that powered the decision are implicated." Berkemer v. McCarty, 468 U. S. 420, 437 (1984).  Thus, the temporary and relatively nonthreatening detention in­ volved in a traffic stop or Terry stop, see Terry v. Ohio, 392
    U. S. 1 (1968), does not constitute Miranda custody. McCarty, supra, at 439-440.  See also Perkins, supra, at 296.

    Here, we are addressing the interim period during
    which a suspect was not interrogated, but was subject to a baseline set of restraints imposed pursuant to a prior conviction. Without minimizing the harsh realities of
    incarceration, we think lawful imprisonment imposed upon conviction of a crime does not create the coercive pressures identified in Miranda. Interrogated suspects who have previously been con­victed of crime live in prison.  When they are released back into the general prison population, they return to
    their accustomed surroundings and daily routine--they regain the degree of control they had over their lives prior to the interrogation. Sentenced prisoners, in contrast to the Miranda paradigm, are not isolated with their accusers. They live among other inmates, guards, and workers, and often can receive visitors and communicate with people on the outside by mail or telephone. Their detention, moreover, is relatively disconnected from their prior unwillingness to cooperate in an investi­gation. The former interrogator has no power to increase the duration of incarceration, which was determined at sentencing.

    And even where the possibility of parole exists, the former interrogator has no apparent power to
    decrease the time served. This is in stark contrast to the circumstances faced by the defendants in Edwards, Roberson, and Minnick, whose continued detention as suspects rested with those controlling their interrogation,
    and who confronted the uncertainties of what final charges they would face, whether they would be convicted, and what sentence they would receive.



    Parent
    common sense? (none / 0) (#25)
    by diogenes on Wed Feb 24, 2010 at 07:01:09 PM EST
    There is a difference between telling someone a fact (that he has a right to call a lawyer, via the Miranda warning)which he may not know and REMINDING him of what he was told before so that he can call a lawyer.  

    When he was previously Mirandized, (none / 0) (#26)
    by oculus on Wed Feb 24, 2010 at 10:28:22 PM EST
    he requested a lawyer.  

    Parent