Missouri v. Seibert

Missouri v. Seibert
Supreme Court of the United States
Argued December 9, 2003 Decided June 28, 2004
Full case name	Missouri, Petitioner v. Patrice Seibert
Citations	542 U.S. 600 (more) 124 S. Ct. 2601; 159 L. Ed. 2d 643; 2004 U.S. LEXIS 4578; 72 U.S.L.W. 4634; 2004 Fla. L. Weekly Fed. S 476
Case history
Prior	Defendant convicted of second-degree murder, Circuit Court, Pulaski County; affirmed, State v. Seibert, 2002 WL 114804 (Mo. App. S.D.); reversed and remanded for a new trial, State v. Seibert, 93 S.W.3d 700 (Mo. 2002); cert. granted, Missouri v. Seibert, 538 U.S. 1031 (2004).
Holding
Missouri's practice of interrogating suspects without reading them a Miranda warning, then reading them a Miranda warning and asking them to repeat their confession is unconstitutional.
Court membership
Chief Justice William Rehnquist Associate Justices John P. Stevens · Sandra Day O'Connor Antonin Scalia · Anthony Kennedy David Souter · Clarence Thomas Ruth Bader Ginsburg · Stephen Breyer
Case opinions
Plurality	Souter, joined by Stevens, Ginsburg, Breyer
Concurrence	Breyer
Concurrence	Kennedy (in judgment)
Dissent	O’Connor, joined by Rehnquist, Scalia, Thomas
Laws applied
U.S. Const. amends. V, XIV

Missouri v. Seibert, 542 U.S. 600 (2004), is a decision by the Supreme Court of the United States that struck down the police practice of first obtaining an inadmissible confession without giving Miranda warnings, then issuing the warnings, and then obtaining a second confession. Justice David Souter announced the judgment of the Court and wrote for a plurality of four justices that the second confession was admissible only if the intermediate Miranda warnings were "effective enough to accomplish their object." Justice Anthony Kennedy wrote in a concurring opinion that the second confession should be inadmissible only if "the two-step interrogation technique was used in a calculated way to undermine the Miranda warning."