Courts, Cops, Citizens, and Criminals
The Supreme Court's 4-1-4 split decision in Missouri v. Seibert causes confusion with regard to question-first Miranda violations. Courts apply a Marks narrowest ground analysis to decide which opinion in Seibert is controlling. However, the majority approach to Seibert, which finds Justice Kennedy's concurrence controlling, is incorrect. Instead, lower courts should resolve question-first Miranda violations by applying legal principles expressed in the plurality's decision.
Constitutional Law | Criminal Law | Criminal Procedure
Date of this Version
Justin David Heminger, "Courts, Cops, Citizens, and Criminals" (August 21, 2006). bepress Legal Series. bepress Legal Series.Working Paper 1598.