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New Jersey Criminal Lawyer - Appellate Opinions
Maryland v. Shatzer, 130 S. Ct. 1213 (2010).
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.
Edwards ' fundamental purpose is to “[p]reserv[e] the
integrity of an accused's choice to communicate with police only
through counsel, by “prevent[ing] police from badgering [him] into
waiving his previously asserted
Miranda rights,” It is easy to believe that a suspect's
later waiver was coerced or badgered when he has been held in
uninterrupted
Miranda custody since his first refusal to waive. He
remains cut off from his normal life and isolated in a
“police-dominated atmosphere,” But where a suspect has been released
from custody and returned to his normal life for some time before
the later attempted interrogation, there is little reason to think
that his change of heart has been coerced. Because the
Edwards presumption has been established by opinion of
this Court, it is appropriate for this Court to specify the period
of release from custody that will terminate its application. The
Court concludes that the appropriate period is 14 days, which
provides ample time for the suspect to get re-acclimated to his
normal life, consult with friends and counsel, and shake off any
residual coercive effects of prior custody.
Shatzer's release back into the
general prison population constitutes a break in
Miranda custody. Lawful imprisonment imposed upon
conviction does not create the coercive pressures produced by
investigative custody that justify
Edwards. When previously incarcerated suspects are
released back into the general prison population, they return to
their accustomed surroundings and daily routine-they regain the
degree of control they had over their lives before the attempted
interrogation. Their continued detention is relatively disconnected
from their prior unwillingness to cooperate in an investigation. The
“inherently compelling pressures” of custodial interrogation ended
when Shatzer returned to his normal life.
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