Missouri V. Seibert Case Study

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• Missouri v. Seibert- (2004) 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.
• Moran v. Burbine- (1986) the respondent was apprehended by police for murder. While in custody, but before any arraignment proceedings, the respondent waived his right to counsel and confessed to the crimes. Unbeknownst to the respondent, his sister found an attorney to represent him. The attorney contacted the police and informed them of his representation, and the police responded that they were not questioning him at that time. Therefore, the police did not inform the respondent that he had counsel, and they misinformed his counsel concerning the timing of their interrogation.
• J.D.B v. North Carolina- a North Carolina boy identified as J.D.B. was 13-year-old special education student in 2005 when the police showed up at his school to question him about a string of neighborhood burglaries. The police had learned that the boy was in possession of a digital camera that had been reported stolen. The boy was escorted to a school conference room, where he was interrogated in the presence of school officials. J.D.B. 's parents were not contacted, and he was not given any warnings about his
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• Florida v. Powell - Kevin D. Powell was convicted in a Florida state court of being a felon in possession of a firearm and sentenced to 10 years in prison. Mr. Powell appealed arguing that his Miranda warning was invalid because the written form used by the Tampa police at his arrest did not explicitly indicate that he had a right to an attorney at his questioning. The court of appeals agreed and reversed the conviction. On appeal, the Florida Supreme Court affirmed, holding that informing a defendant that he has the right to “talk with an attorney” is not sufficient to inform him of his right to have counsel

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