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DICKERSON v. UNITED STATES

United States Supreme Court No. 99-5525

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QUESTION PRESENTED: Whether a voluntary confession may be admitted into evidence in the government's case-in-chief under 18 U.S.C. § 3501, notwithstanding that the confession was taken without complying with the requirements of Miranda v. Arizona, 384 U.S. 436 (1966).

ORAL ARGUMENT DATE: April 19, 2000

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INTRODUCTION

Interest of amicus curiae
Summary of facts and case
Summary of argument

ARGUMENT - Part I

Miranda's irrebuttable presumption creates no constitutional right, but rather is a rule of evidence

A. Rule of evidence
B. The nonconstitutional prophylactic

Parts II and III

II. The Supreme Court can create common law rules for the adjudication of constitutional rights which are binding on the states but subject to revision by Congress

A. Federal interests
B. Remedies and review
Legitimacy and danger

III. Upholding Section 3501 will begin a fresh round of democratic debate on the admissibility of confessions

Part IV

IV. If Miranda cannot be explained as an exercise of this Court's constitutional common law powers, then it should be overturned

Conclusion