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Univ. of San Diego School of Law

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Wednesday, December 1, 2004

New Article Spotlight: Rethinking Miranda: Custodial Interrogation as a Fourth Amendment Search and Seizure

Tim_oneill_1 Timothy O'Neill of John Marshall has had an interesting new article accepted for publication at the UC Davis Law Review.  The abstract to the above-titled article states:

Many problems in the interpretation of Miranda v Arizona can be solved by recognizing that Miranda is actually a Fourth Amendment case dressed-up in Fifth Amendment clothes. Miranda does more than protect a suspect from coercion or compulsion; the right to remain silent reflects an autonomy interest better expressed through the 4th Amendment. Fourth Amendment values are reflected in the warnings themselves, the remedy for violations, and even in the Miranda exceptions. And contrary to Chavez v Martinez, the 4th Amendment views a Miranda violation as a constitutional violation that occurs in the interrogation room itself.

For the full draft, click here.   [Mark Godsey]

http://lawprofessors.typepad.com/crimprof_blog/2004/12/new_article_spo.html

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