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UNITED STATES v. PATANE

United States Supreme Court No. 02-1183

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QUESTION PRESENTED: Whether a failure to give a suspect the warnings prescribed by Miranda v. Arizona, 384 U. S. 436 (1966), requires the suppression of physical evidence derived from the suspect's unwarned but voluntary statement.

ORAL ARGUMENT DATE: December 9, 2003

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INTRODUCTION

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

Argument, Parts I - II

I. There may not have been a Miranda violation in this case

II. Dickerson reaffirmed this Court's Miranda jurisprudence in its entirety, including Tucker and Elstad

III - Conclusion

III. The Miranda rule is a device for allocating the risk of uncertainty that is doubtful even in its core area of operation, and it should not be extended anywhere outside the core

A. Miranda as risk management
B. The high price of conclusive presumptions
C. The subtle balance
D. Tucker, Elstad, and "fruit"

Conclusion