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Missouri v. Seibert
''Missouri v. Seibert'', , is a decision by the Supreme Court of the United States that struck down the police practice of first obtaining an inadmissible confession without giving Miranda warnings, then issuing the warnings, and then obtaining a second confession. Justice David Souter announced the judgment of the Court and wrote for a plurality of four justices that the second confession was admissible only if the intermediate ''Miranda'' warnings were "effective enough to accomplish their object." Justice Anthony Kennedy wrote in a concurring opinion that the second confession should be inadmissible only if "the two-step interrogation technique was used in a calculated way to undermine the ''Miranda'' warning."
==Background==
Patrice Seibert, a suspect in a fatal arson, was arrested and taken to the police station. There, a police officer decided to interrogate her using a method he had been taught: to question the suspect, obtain a confession, then give ''Miranda'' warnings and repeat the questioning until the confession was obtained again. Accordingly, Seibert was not informed of her ''Miranda'' rights before the interrogation began. After about 40 minutes of questioning, Seibert made an incriminating statement. She was given a 20-minute break. When the questioning resumed, she was given her ''Miranda'' warnings, and reminded of what she had admitted before the break. She then repeated her confession.
The trial court (Missouri Circuit Court) suppressed the first statement because it was given before the ''Miranda'' warnings, but admitted the second. Seibert was convicted of second-degree murder. The Supreme Court granted certiorari to resolve a split among the Circuit Courts of Appeal on this issue.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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