Miranda v. Arizona · ¶160

I turn now to the Court’s asserted reliance on the Fifth Amendment, an approach which I frankly regard as a trompb Voeil. The Court’s opinion in my view reveals no adequate basis for extending the Fifth Amendment’s privilege against self-incrimination to the police station. Far more important, it fails to show that the Court’s new rules are well supported, let alone compelled, by Fifth Amendment precedents. Instead, the new rules actually derive from quotation and analogy drawn from precedents under the Sixth Amendment, which should properly have no bearing on police interrogation.

U. S. Reports, bound volume
U. S. Reports, volume 384, at 436 (Library of Congress) · transcription: Caselaw Access Project
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