Maryland v. Shatzer Review. We have never decided whether incarceration constitutes custody for Miranda purposes, and have indeed explicitly declined to address the issue. A few words in response to Justice Stevens ’ concurrence: It claims we ignore that “[w]hen police tell an indigent suspect that he has the right to an attorney” and then “reinterrogate” him without providing a lawyer, “the suspect is likely to feel that the police lied to him and that he really does not have any right to a lawyer.” Post , at 2 (opinion concurring in judgment) (hereinafter concurrence). Ct. Washington Cty., Md., Sept. 21,2006), id., at 70, 79. Edwards 7. See Dept. Uncritical extension of Edwards to this situation would not significantly increase the number of genuinely coerced confessions excluded. Id., at 474. After making this inculpatory statement, Shatzer requested an attorney, and Hoover promptly ended the interrogation. Shatzer was released back into the general prison population, and the investigation was closed. A different officer interrogated him three days later while he “was still in custody pursuant to the arrest.” Ibid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v. Over the dissent of two judges, the Court of Appeals of Maryland reversed and remanded. Post , at 10–12. Critically, however, a suspect can waive these rights. And secondly, the concurrence differs from us in declining to say how long after a break in custody the termination of Edwards protection occurs. See, e.g., Montejo v. Louisiana, 556 U. S. ___, ___ (2009) (slip op., at 7–8); Michigan v. Harvey, 494 U. S. 344, 349 (1990); Solem v. Stumes, 465 U. S. 638, 644, n. 4 (1984). Shatzer invoked his Miranda right to have counsel present during interrogation, so the detective terminated the interview. In the last analysis, it turns out that the concurrence accepts our principal points. A judicially crafted rule is “justified only by reference to its prophylactic purpose,” Davis v. United States, 512 U. S. 452, 458 (1994) (internal quotation marks omitted), and applies only where its benefits outweigh its costs, Montejo, supra, at ___ (slip op., at 14). Here, we are addressing the interim period during which a suspect was not interrogated, but was subject to a baseline set of restraints imposed pursuant to a prior conviction. [He] is not subject to further interrogation by the authorities until counsel has been made available to him, unless the accused himself initiates further communication, exchanges, or conversations with the police.” 451 U. S., at 484–485. , Inmates in these facilities generally can visit the library each week, id., at 28; have regular exercise and recreation periods, id., at 17; can participate in basic adult education and occupational training, id., at 26, 7; are able to send and receive mail, id., at 21–22, 16; and are allowed to receive visitors twice a week, see http://dpscs.md.gov/locations/mcih.shtml; http://www.dpscs.state.md.us/locations/rci.shtml. . To counteract the coercive pressure, Miranda announced that police officers must warn a suspect prior to questioning that he has a right to remain silent, and aright to the presence of an attorney. In these circumstances, it is far fetched to think that a police officer’s asking the suspect whether he would like to waive his Miranda rights will any more “wear down the accused,” Smith v. Illinois, 469 U. S. 91, 98 (1984) (per curiam), than did the first such request at the original attempted interrogation—which is of course not deemed coercive. . Now, in cases where there is an alleged break in custody, they simply have to repeat the inquiry for the time between the initial invocation and reinterrogation. Select the category of case law. does not mandate suppression of his 2006 statements. After making this inculpatory statement, Shatzer requested an attorney, and Hoover promptly ended the interrogation. In Edwards, the Court determined that Zerbst’s traditional standard for waiver was not sufficient to protect a suspect’s right to have counsel present at a subsequent interrogation if he had previously requested counsel; “additional safeguards” were necessary. For which reason once he has asserted a refusal to speak without assistance of counsel Edwards prevents any efforts to get him to change his mind during that interrogative custody. The court found that because the first interview was custodial (defendant at substation, defendant handcuffed), even though he came voluntarily, officers needed to wait 14 days to question the suspect again. The Court therefore superimposed a “second layer of prophylaxis,” McNeil v. Wisconsin, 501 U. S. 171, 176 (1991). CERTIORARI TO THE COURT OF APPEALS OF MARYLAND . Everyone's Place for Police Related Case Law, Copyright © 2003-2020 [Case Law 4 Cops]. Hoover explained that he wanted to ask Shatzer about the alleged incident involving Shatzer’s son. Contrary to the concurrence’s suggestion, post, at 3, it is only in those narrow circumstances—when custody is unbroken—that the Court has concluded a “fresh se[t] of Miranda warnings” is not sufficient. The facts of this case present an additional issue. This is entirely unrelated to the rationale of Edwards. Two and one-half years, it says, is clearly enough—but it gives law enforcement authorities no further guidance. Officer reentered the room, Bridgeford was Mirandized, and agreed to talk. Blankenship clarified the purpose of his visit, and Shatzer declined to speak without an attorney. This is entirely unrelated to the rationale of Edwards . In the present case, in 2003, Mr. Shatzer was in prison based on a prior conviction. And secondly, the concurrence differs from us in declining to say how long after a break in custody the termination of Edwards protection occurs. Maryland v. Shatzer – US Supreme Court – Case Review - Read the Criminal Law legal blogs that have been posted by Landon Joseph Ascheman on Lawyers.com The Court concludes that the appropriate period is 14 days, which provides ample time for the suspect to get reacclimated to his normal life, consult with friends and counsel, and shake off any residual coercive effects of prior custody. , People v. Storm , 28 Cal. Add us now 612-217-0077 – While we hope you never need us, we’re here if you do. See Montejo, supra, at ___ (slip op., at 14). Pp. The Court therefore superimposed a “second layer of prophylaxis,” McNeil v. Wisconsin , 501 U. S. 171, 176 (1991) . Hoover interrogated Shatzer about the incident for approximately 30 minutes. See also Perkins , supra , at 296. Bridgeford and a co-conspirator were placed in the same room. Edwards was arrested pursuant to a warrant and taken to a police station, where he was interrogated until he requested counsel. Shatzer’s experience illustrates the vast differences between Miranda custody and incarceration pursuant to conviction. Miranda Without that limitation—and barring some purely arbitrary time-limit 4 —every Edwards prohibition of custodial interrogation of a particular suspect would be eternal. Likewise, no one questions that Shatzer triggered the Edwards protections when, according to Detective Blankenship’s notes of the 2003 interview, he stated that “ ‘he would not talk about this case without having an attorney present,’ ” 405 Md., at 589, 954 A. custody since his first refusal to waive. But what about a break that has lasted only one year? The “concer[n] that motivated the Edwards line of cases,” post , at 2–3, n. 2, is that the suspect will be coerced into saying yes. We have declined to accord it “talismanic power,” because Miranda is to be enforced “only in those types of situations in which the concerns that powered the decision are implicated.” Berkemer v. McCarty, 468 U. S. 420, 437 (1984). , at 456–457, involves psychological pressures “which work to undermine the individual’s will to resist and to compel him to speak where he would not otherwise do so freely,” id. Please remember that the interpretation and analysis presented here is not intended to be legal advice. Before asking any questions, Blankenship reviewed Shatzer’s Miranda rights with him, and obtained a written waiver of those rights. But once the suspect has been out of custody long enough (14 days) to eliminate its coercive effect, there will be nothing to gain by such gamesmanship—nothing, that is, except the entirely appropriate gain of being able to interrogate a suspect who has made a valid waiver of his Miranda rights. The issue is whether that constitutes a break in Miranda custody. Critically, however, a suspect can waive these rights. , at 475. The decision below should also be reversed, the State asserts, because the substantial lapse in time between interrogations further eliminated any coercive environment created by custodial interrogation. Lower courts have uniformly held that a break in custody ends the Edwards presumption, see, e.g. 4th 1007, 1023–1024, and n. 6, 52 P. 3d 52, 61–62, and n. 6 (2002) (collecting state and federal cases), but we have previously addressed the issue only in dicta, see McNeil, supra, at 177 (Edwards applies “assuming there has been no break in custody”). These rights are actually rights granted to us by the Fifth Amendment, and applied through the Fourteenth Amendment. A defendant who experiences a 14-day break in custody after invoking the Miranda right to counsel is not left without protection. Edwards McLaughlin The Maryland Court of Appeals reversed. We begin with the benefits. ©2020 ASCHEMAN LAW | 612-217-0077. joined, and in which That was the situation confronted by the suspects in Edwards, Roberson, and Minnick, the three cases in which we have held the Edwards rule applicable. While that may relieve the accumulated coercive pressures of custody that are the foundation for Edwards , it is hard to see how it bolsters the suspect’s confidence that if he asks for counsel he will get one. filed an opinion concurring in part and concurring in the judgment. Shatzer denied ordering his son to perform fellatio on him, but admitted to masturbating in front of his son from a distance of less than three feet. The only logical endpoint of Edwards disability is termination of Miranda custody and any of its lingering effects. 1 No. We'll assume you're ok with this, but you can leave if you wish. It is easy to believe that a suspect’s later waiver was coerced or badgered when he has been held in uninterrupted Id. Two years and six months later, the same social worker referred more specific allegations to the department about the same incident involving Shatzer. But once the suspect has been out of custody long enough (14 days) to eliminate its coercive effect, there will be nothing to gain by such gamesmanship—nothing, that is, except the entirely appropriate gain of being able to interrogate a suspect who has made a valid waiver of his Miranda rights.7.

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