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Missouri v. Seibert

Docket No.: 02-1371
Certiorari Granted: May 19 2003
Argued: December 9, 2003
Decided: June 28, 2004

Topics:

Miranda Warnings, Criminal Procedure, Due Process, Fifth Amendment, Fourteenth Amendment, Fourth Amendment, Miranda, Self-Incrimination, Sixth Amendment, criminal procedure, murder, self-incrimination, stare decisis

PartyNames: Missouri v. Patrice Seibert
Petitioner: Missouri
Respondent: Patrice Seibert

Court Below: Supreme Court of Missouri
Citation: Missouri Supreme Court, 93 S.W.3d 700. QUESTION PRESENTED Is the rule "that a suspect who has once responded to unwarned yetuncoercive questioning is not thereby disabled from waiving his rights and confessing after he has been given the requisite Miranda warnings," Oregonv. Elstad , 470 U.S. 298, 318 (1985), abrogated when the initial failure to give the Miranda warnings was intentional? CERT. GRANTED: 5/19/03
Supreme Court Docket

Missouri
v.
Patrice Seibert
542 U.S. 600 (2004)
Question:

Does the rule from Oregon v. Elstad that a defendant who has made an un- Mirandized confession may later waive her Miranda rights to make a second confession (admissible in court) still apply when the initial confession is the result of an intentional decision by a police officer to withhold her Miranda warnings?

Note:

. Missouri Supreme Court, 93 S.W.3d 700. QUESTION PRESENTED Is the rule "that a suspect who has once responded to unwarned yetuncoercive questioning is not thereby disabled from waiving his rights and confessing after he has been given the requisite Miranda warnings," Oregonv. Elstad , 470 U.S. 298, 318 (1985), abrogated when the initial failure to give the Miranda warnings was intentional? CERT. GRANTED: 5/19/03

Missouri v. Seibert
ORAL ARGUMENT

December 9, 2003

Holding: affirmed
Decision: Decision: 5 votes for Seibert, 4 vote(s) against
Vote: 5-4
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