Summary

David Souter Missouri v. Seibert — Opinion of the Court

What is worse, telling a suspect that "anything you say can and will be used against you," without expressly excepting the statement just given, could lead to an entirely reasonable inference that what he has just said will be used, with subsequent silence being of no avail. Thus, when Miranda warnings are inserted in the midst of coordinated and continuing interrogation, they are likely to mislead and "de depriv [e] a defendant of knowledge essential to his ability to understand the nature of his rights and the consequences of abandoning them."
Source: Wikisource

David Souter Missouri v. Seibert — Opinion of the Court

By any objective measure, applied to circumstances exemplified here, it is likely that if the interrogators employ the technique of withholding warnings until after interrogation succeeds in eliciting a confession, the warnings will be ineffective in preparing the suspect for successive interrogation, close in time and similar in content. After all, the reason that question first is catching on is as obvious as its manifest purpose, which is to get a confession the suspect would not make if he understood his rights at the outset
Source: Wikisource

David Souter Missouri v. Seibert — Opinion of the Court

Miranda conditioned the admissibility at trial of any custodial confession on warning a suspect of his rights: failure to give the prescribed warnings and obtain a waiver of rights before custodial questioning generally requires exclusion of any statements obtained. [1] Conversely, giving the warnings and getting a waiver has generally produced a virtual ticket of admissibility; maintaining that a statement is involuntary even though given after warnings and voluntary waiver of rights requires unusual stamina, and litigation over voluntariness tends to end with the finding of a valid waiver.
Source: Wikisource

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