Or only one week? Unlike the Sixth Amendment right to counsel, where once you’ve actually been charged with a crime you’re entitled to have a lawyer provided, this is the Fifth Amendment right to counsel. Davis, 512 U. S., at 472-473 (Souter, J., concurring in judgment).10. Get Maryland v. Shatzer, 130 S. Ct. 1213 (2010), United States Supreme Court, case facts, key issues, and holdings and reasonings online today. Many of us are familiar with the Miranda rights.These rights are actually rights granted to us by the Fifth Amendment, and applied through the Fourteenth Amendment. When Blankenship explained that he was there to question Shatzer about sexually abusing his son, Shatzer expressed confusion--he had thought Blankenship was an attorney there to discuss the prior crime for which he was incarcerated. This assumes that Roberson's extension of Edwards to subsequent interrogation for a different crime, and Minnick's extension of Edwards to subsequent interrogation by a different law enforcement agency would apply even when the place of custody and the identity of the custodial agency are not the same (as they were in Roberson and Minnick) as those of the original interrogation. Detective Paul Hoover, from the same division, was assigned to the investigation. The underlying policy is that our criminal justice system puts a greater value on not overriding someone’s free will. 405 Md., at 606-607, 954 A. Ante, at 16 (emphasis deleted). Because, however, a suspect always has the right to remain silent, this is a distinction without a difference: Any time that the police interrogate or reinterrogate, and read a suspect his Miranda rights, the suspect may decline to speak. (The lawyer for the United States, as amicus, did make an important point — that the whole purpose is to make sure people aren’t being compelled to incriminate themselves against their will — but the rest of his time was eaten up by nonsense about how long a break in custody would count as enough of a break to evaporate an assertion of the right to counsel.). The concurrence also accuses the Court of "ignor[ing] that when a suspect asks for counsel, until his request is answered, there are still the same 'inherently compelling' pressures of custodial interrogation on which the Miranda line of cases is based." FOR ONLY $13.90/PAGE, Maryland v. Shatzer - Oral Argument - October 05, 2009, Verizon Maryland, Inc. v. Public Service Commission…, Prison Overcrowding as Impact of Maryland’s War on Drugs, Illegal music downloading at the University of Maryland, Zuni Public School Dist. Second, because police know that their suspect is otherwise detained, there is no need necessarily to resolve the case quickly. That provides plenty of time for the suspect to get reacclimated to his normal life, to consult with friends and counsel, and to shake off any residual coercive effects of his prior custody. Ibid. Fare v. Michael C., 442 U. S. 707, 719 (1979). Minnick, 498 U. S., at 148-149. His change of heart is less likely attributable to "badgering" than it is to the fact that further deliberation in familiar surroundings has caused him to believe (rightly or wrongly) that cooperating with the investigation is in his interest. This is entirely unrelated to the rationale of Edwards. So even if someone confesses to the crime at that point, the confession cannot be used to prove he did it. As the Court itself admits, compulsion is likely when a suspect's "captors appear to control [his] fate," ante, at 7 (internal quotation marks omitted). Justice Stevens has filed an opinion concurring in the judgment. Thomas, J., filed an opinion concurring in part and concurring in the judgment. 585, 590, 954 A. The only logical endpoint of Edwards disability is termination of Miranda custody and any of its lingering effects. See Arizona v. Roberson, 486 U. S. 675, 681 (1988). But when a guard informs a suspect that he must go speak with police, it will "appear" to the prisoner that the guard and police are not independent. When the suspect is held in uninterrupted pretrial custody between the first and second attempts at interrogation, he remains cut off from his normal life in isolated, in an unfamiliar police dominated atmosphere where his captors appear to control his fate. That’s the principal rule of Edwards. 2009). The concurrence criticizes our use of 14 days as arbitrary and unexplained, post, at 5, and n. 7. We think it appropriate to specify a period of time to avoid the consequence that continuation of the Edwards presumption "will not reach the correct result most of the time." (a) Edwards created a presumption that once a suspect invokes the Miranda right to the presence of counsel, any waiver of that right in response to a subsequent police attempt at custodial interrogation is involuntary. " 405 Md. That assumption would seem reasonable if the Edwards-suspending effect of a termination of custody is rejected. We held in Roberson that just because different police come to speak about a different investigation, that presumption does not change: "[T]here is no reason to assume that a suspect's state of mind is in any way investigation-specific." Security, Unique Davis v. United States, 512 U. S. 452, 472-473 (1994) (Souter, J., concurring in judgment). The new questioning was a new custodial interrogation justifying a new Miranda warning that was properly waived. Id., at 474. And police are still questioning him. He wants a bright-line rule that any invocation of the right to counsel essentially immunizes a defendant from any further police questioning in any subsequent action anywhere, for the rest of his life, whether or not the police could have even known about his prior invocation of the right. Ibid. We begin with the benefits. “Asides, Extras, and Appurtenances” is his accompaniment to The Illustrated Guide to Law, and also includes posts from the Guide’s predecessor blog The Criminal Lawyer. Shatzer pleaded not guilty, waived his right to a jury trial, and proceeded to a bench trial based on an agreed statement of facts. But even if one believes that the Court is obliged to apply Edwards to any case involving continuing custody, the Court's opinion today goes well beyond that. . The Court of Appeals of Maryland reversed, holding that the mere passage of time does not end the Edwards protections, and that, assuming, arguendo, a break-in-custody exception to Edwards existed, Shatzer's release back into the general prison population did not constitute such a break. The Court observed that "incommunicado interrogation" in an "unfamiliar," "police-dominated atmosphere," id., at 456-457, involves psychological pressures "which work to undermine the individual's will to resist and to compel him to speak where he would not otherwise do so freely," id., at 467. Take Roberson for example. The Edwards presumption of involuntariness is justified only in circumstances where the coercive pressures have increased so much that suspects' waivers of Miranda rights are likely to be involuntary most of the time. Shatzer waived his Miranda rights and made inculpatory statements. Two-and-a-half years later in 2006, the department received more specific allegations about the incident with Shatzer’s son, so another detective reopened the investigation and attempted to interrogate, Shatzer who was still in prison.

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