708
Opinion of O'Connor, J.
edy, see Harris v. New York, 401 U. S. 222, 224-226 (1971) (unwarned but voluntary statement may be used for impeachment), and dispensed with it entirely elsewhere, see Quarles, supra (unwarned statement may be used for any purpose where statement was obtained under exigent circumstances bearing on public safety). And at least one Member of this Court dissented from Miranda itself because it "establish[ed] a new . . . barrier to the ascertainment of truth by the judicial process." Miranda, supra, at 542 (opinion of White, J.). Consequently, I agree with the Court that Miranda's relationship to accurate verdicts is an important consideration when deciding whether to permit Miranda claims on habeas. But it is a consideration that weighs decisively against the Court's decision today.
The consideration the Court identifies as being "most importan[t]" of all, ante, at 693, is an entirely pragmatic one. Specifically, the Court "project[s]" that excluding Miranda questions from habeas will not significantly promote efficiency or federalism because some Miranda issues are relevant to a statement's voluntariness. Ante, at 693-695. It is true that barring Miranda claims from habeas poses no barrier to the adjudication of voluntariness questions. But that does not make it "reasonable to suppose that virtually all Miranda claims [will] simply be recast" and litigated as voluntariness claims. Ante, at 693. Involuntariness requires coercive state action, such as trickery, psychological pressure, or mistreatment. Colorado v. Connelly, 479 U. S. 157, 167 (1986) ("[C]oercive police activity is a necessary predicate to the finding that a confession is not 'voluntary' "); ante, at 693 (referring to "the crucial element of police coercion"). A Miranda claim, by contrast, requires no evidence of police overreaching whatsoever; it is enough that law enforcement officers commit a technical error. Even the forgetful failure to issue warnings to the most wary, knowledgeable, and sea-
Page: Index Previous 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 NextLast modified: October 4, 2007