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Oregon Vs. Elstad
Cites for this judgment
- US Supreme Court
- Mar 04, 1985
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U.S. 298 (1985) U.S. Supreme Court Oregon v. ElstadSearch
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U.S. 298 (1985) Oregon v. ElstadSearch
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a suspect in a burglary, he made an incriminating statement without having been given the warnings required by Miranda v. ArizonaSearch
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Brief any citation in this list with AI Studio
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us to decide whether an initial failure of law enforcement officers to administer the warnings required by Miranda v. ArizonaSearch
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citing United States v. BayerSearch
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citing Wong Sun v. UnitedSearch
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within the meaning of the Due Process Clause. See, e.g., Haynes v. WashingtonSearch
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by the Fifth Amendment. The Fifth Amendment, of course, is not concerned with nontestimonial evidence. See Schmerber v. CaliforniaSearch
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and psychological pressures to confess emanating from sources other than official coercion. See, e.g., California v. BehelerSearch
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United States v. WashingtonSearch
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U. S. 181 , 431 U. S. 187 (1977). As the Court noted last Term in New York v. QuarlesSearch
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protected.' Michigan v. TuckerSearch
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Edwards v. ArizonaSearch
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assumes the existence of a constitutional violation. This figure of speech is drawn from Wong Sun v. UnitedSearch
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Taylor v. AlabamaSearch
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U. S. 687 , 457 U. S. 690 (1982) (quoting Brown v. IllinoisSearch
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Fourth Amendment exclusionary rule is to deter unreasonable searches, no matter how probative their fruits. Dunaway v. NewSearch
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Brown v. IllinoisSearch
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Amendment is merely a threshold requirement in determining whether the confession may be admitted in evidence. Taylor v. AlabamaSearch
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medicine provides a remedy even to the defendant who has suffered no identifiable constitutional harm. See New York v. QuarlesSearch
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s case, the presumption of coercion does not bar their use for impeachment purposes on cross-examination. Harris v. NewSearch
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Schulhofer, Confessions and the Court, 79 Mich.L.Rev. 865, 877 (1981). In Michigan v. TuckerSearch
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U. S. 268 , 435 U. S. 277 (1978) (emphasis added) (quoting from Smith v. UnitedSearch
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or his freedom has otherwise been significantly restrained. Miranda v. ArizonaSearch
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of the interrogators all bear on whether that coercion has carried over into the second confession. See Westover v. UnitedSearch
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States, decided together with Miranda v. ArizonaSearch
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will presume the privilege against compulsory self-incrimination has not been intelligently exercised. See New York v. QuarlesSearch
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Wong Sun v. UnitedSearch
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U.S. at 331 U. S. 540 -541. Even in such extreme cases as Lyons v. OklahomaSearch
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the coercive effect of the confession Page 470 U. S. 312 could, with time, be dissipated. See also Westover v. UnitedSearch
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desirable protection to the individual's interest in not being compelled to testify against himself. Cf. Michigan v. MosleySearch
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Dunaway v. NewSearch
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s mother. Whatever the reason for Burke's oversight, the incident had none of the earmarks of coercion. See Rawlings v. KentuckySearch
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long after full Miranda warnings are administered and a valid confession obtained. See, e.g., United States v. BowlerSearch
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United States v. ToralSearch
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begins or whether a given unwarned statement will ultimately be held admissible. See Tanner v. VincentSearch
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that a defendant's ignorance of the full consequences of his decisions vitiates their voluntariness. See California v. BehelerSearch
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an inadmissible confession at trial, compelling the defendant to testify in rebuttal, the rule announced in Harrison v. UnitedSearch
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