Syllabus
could have been effective enough to accomplish their object given the case's specific facts—cuts too broadly. The admissibility of postwarning statements should continue to be governed by Elstad's principles unless the deliberate two step strategy is employed. Then, the postwarning statements must be excluded unless curative measures are taken before they were made. Such measures should be designed to ensure that a reasonable person in the suspect's situation would understand the import and effect of the Miranda warning and waiver. For example, a substantial break in time and circumstances between the prewarning statement and the warning may suffice in most instances, as may an additional warning explaining the likely inadmissibility of the prewarning statement. Because no curative steps were taken in this case, the postwarning statements are inadmissible and the conviction cannot stand. Pp. 618–622.
Souter, J., announced the judgment of the Court and delivered an opinion, in which Stevens, Ginsburg, and Breyer, JJ., joined. Breyer, J., filed a concurring opinion, post, p. 617. Kennedy, J., filed an opinion concurring in the judgment, post, p. 618. O'Connor, J., filed a dissenting opinion, in which Rehnquist, C. J., and Scalia and Thomas, JJ., joined, post, p. 622.
Karen K. Mitchell, Chief Deputy Attorney General of Missouri, argued the cause for petitioner. With her on the briefs were Jeremiah W. (Jay) Nixon, Attorney General, James R. Layton, State Solicitor, and Shaun J. Mackelprang and Karen P. Hess, Assistant Attorneys General.
Irving L. Gornstein argued the cause for the United States as amicus curiae urging reversal. With him on the brief were Solicitor General Olson, Acting Assistant Attorney General Wray, Deputy Solicitor General Dreeben, and Jonathan L. Marcus.
Amy M. Bartholow argued the cause and filed a brief for respondent.[1]
- ↑ Briefs of amici curiae urging affirmance were filed for the American Civil Liberties Union et al. by Jonathan L. Abram, Christopher T. Handman, William H. Johnson, Steven R. Shapiro, and Lisa Kemler; and for Michael R. Bromwich et al. by George A. Cumming, Jr., Charles D. Weisselberg, Stephen J. Schulhofer, Kirsten D. Levingston, Frederick A. O. Schwarz, Jr., and Tom Gerety.
