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Abstract

Oral Argument: February 28, 1966,
March 1-2, 1966
Decision: Monday, June 13, 1966
Issues: Criminal Procedure, Miranda Warnings
Categories: criminal, fifth amendment, right to counsel, self-incrimination

Advocates

John J. Flynn (Argued the cause for the petitioner)
Gary K. Nelson (Argued the cause for the respondent)
Telford Taylor (By special leave of Court, argued the cause for the State of New York, as amicus curiae, in all cases)

Facts of the Case

The Court was called upon to consider the constitutionality of a number of instances, ruled on jointly, in which defendants were questioned "while in custody or otherwise deprived of [their] freedom in any significant way." In Vignera v. New York, the petitioner was questioned by police, made oral admissions, and signed an inculpatory statement all without being notified of his right to counsel. Similarly, in Westover v. United States, the petitioner was arrested by the FBI, interrogated, and made to sign statements without being notified of his right to counsel. Lastly, in California v. Stewart, local police held and interrogated the defendant for five days without notification of his right to counsel. In all these cases, suspects were questioned by police officers, detectives, or prosecuting attorneys in rooms that cut them off from the outside world. In none of the cases were suspects given warnings of their rights at the outset of their interrogation.

Question

Does the police practice of interrogating individuals without notifiying them of their right to counsel and their protection against self-incrimination violate the Fifth Amendment?

Conclusion

The Court held that prosecutors could not use statements stemming from custodial interrogation of defendants unless they demonstrated the use of procedural safeguards "effective to secure the privilege against self-incrimination." The Court noted that "the modern practice of in-custody interrogation is psychologically rather than physically oriented" and that "the blood of the accused is not the only hallmark of an unconstitutional inquisition." The Court specifically outlined the necessary aspects of police warnings to suspects, including warnings of the right to remain silent and the right to have counsel present during interrogations.

Supreme Court Justice Opinions and Votes (by Seniority)

Sort by Ideology
(More information here)
Full Opinion: Criminal Procedure, Miranda Warnings: 5 - 4
Voted with the majority, authored an opinion
Warren
Voted with the majority, joined Warren's opinion
Black
Voted with the majority, joined Warren's opinion
Douglas
Voted with the minority, authored a dissent
Clark
Voted with the minority, joined White's dissent, authored a dissent
Harlan
Voted with the majority, joined Warren's opinion
Brennan
Voted with the minority, joined White's dissent, joined Harlan's dissent
Stewart
Voted with the minority, authored a dissent, joined Harlan's dissent
White
Voted with the majority, joined Warren's opinion
Fortas
Full Opinion: Criminal Procedure, Miranda Warnings: 6 - 3
Voted with the majority
Warren
Voted with the majority
Black
Voted with the majority
Douglas
Voted with the majority, authored a special concurrence
Clark
Voted with the minority
Harlan
Voted with the majority
Brennan
Voted with the minority
Stewart
Voted with the minority
White
Voted with the majority
Fortas

Cite this page

The Oyez Project, Miranda v. Arizona, 384 U.S. 436 (1966),
available at: <http://www.oyez.org/cases/1960-1969/1965/1965_759/>
(last visited ).