CrimProf Blog

Editor: Kevin Cole
Univ. of San Diego School of Law

Thursday, July 28, 2005

Wisconsin Confession Case

From  "The Wisconsin Supreme Court July 14 held that "physical evidence obtained as a direct result of an intentional violation of Miranda v. Arizona, 384 U.S. 436 (1966), is inadmissible under Article I, Section 8 of the Wisconsin Constitution." Disagreeing with the positions taken by a divided majority of the U.S. Supreme Court in United States v. Patane, 542 U.S. 630 (2004), the state court said the suppression of the fruits of voluntary statements obtained after police deliberately withhold Miranda warnings is necessary to deter this type of "repugnant" police misconduct and to preserve judicial integrity. (State v. Knapp, Wis., No. 2000AP2590-CR, 7/14/05, further proceedings in 666 N.W.2d 881, 73 CrL 481)."

Decision here.  [Mark Godsey]

Confessions and Interrogation | Permalink

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