Dickerson v. United States, 530 U.S. 428, 13 (2000)

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440

DICKERSON v. UNITED STATES

Opinion of the Court

unwarned confessions obtained in the four cases before the Court in Miranda "were obtained from the defendant under circumstances that did not meet constitutional standards for protection of the privilege." 5 Id., at 491.

Additional support for our conclusion that Miranda is constitutionally based is found in the Miranda Court's invitation for legislative action to protect the constitutional right against coerced self-incrimination. After discussing the "compelling pressures" inherent in custodial police interrogation, the Miranda Court concluded that, "[i]n order to combat these pressures and to permit a full opportunity to exercise the privilege against self-incrimination, the accused must be adequately and effectively apprised of his rights and the exercise of those rights must be fully honored." Id., at 467. However, the Court emphasized that it could not foresee "the potential alternatives for protecting the privilege which might be devised by Congress or the States," and it accordingly opined that the Constitution would not preclude legislative solutions that differed from the prescribed Miranda warnings but which were "at least as effective in apprising accused persons of their right of silence and in assuring a continuous opportunity to exercise it." 6 Ibid.

5 Many of our subsequent cases have also referred to Miranda's constitutional underpinnings. See, e. g., Withrow, supra, at 691 (" 'Prophylactic' though it may be, in protecting a defendant's Fifth Amendment privilege against self-incrimination, Miranda safeguards a 'fundamental trial right' "); Illinois v. Perkins, 496 U. S. 292, 296 (1990) (describing Miranda's warning requirement as resting on "the Fifth Amendment privilege against self-incrimination"); Butler v. McKellar, 494 U. S. 407, 411 (1990) ("[T]he Fifth Amendment bars police-initiated interrogation following a suspect's request for counsel in the context of a separate investigation"); Michigan v. Jackson, 475 U. S. 625, 629 (1986) ("The Fifth Amendment protection against compelled self-incrimination provides the right to counsel at custodial interrogations"); Moran v. Burbine, 475 U. S. 412, 427 (1986) (referring to Miranda as "our interpretation of the Federal Constitution"); Edwards, supra, at 481-482.

6 The Court of Appeals relied in part on our statement that the Miranda decision in no way "creates a 'constitutional straightjacket.' " See 166 F. 3d 667, 672 (CA4 1999) (quoting Miranda, 384 U. S., at 467). However, a

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