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MISSOURI v. SEIBERT

No. 02-1371.

542 U.S. 600 (2004)

124 S.Ct. 2601

159 L.Ed.2d 643

MISSOURI v. SEIBERT

Supreme Court of United States.

Decided June 28, 2004.

Attorney(s) appearing for the Case

Karen K. Mitchell, Chief Deputy Attorney General of Missouri, argued the cause for petitioner. With her on the briefs were Jeremiah W. (Jay) Nixon, Attorney General, James R. Layton, State Solicitor, and Shaun J. Mackelprang and Karen P. Hess, Assistant Attorneys General.

Irving L. Gornstein argued the cause for the United States as amicus curiae urging reversal. With him on the brief were Solicitor General Olson, Acting Assistant Attorney General Wray, Deputy Solicitor General Dreeben, and Jonathan L. Marcus.

Amy M. Bartholow argued the cause and filed a brief for respondent.*

JUSTICE SOUTER announced the judgment of the Court and delivered an opinion, in which JUSTICE STEVENS, JUSTICE GINSBURG, and JUSTICE BREYER join.

This case tests a police protocol for custodial interrogation that calls for giving no warnings of the rights to silence and counsel until interrogation has produced a confession. Although such a statement is generally inadmissible, since taken in violation of Miranda v....

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