Miranda v. Arizona · ¶180

The Court in closing its general discussion invokes the practice in federal and foreign jurisdictions as lending weight to its new curbs on confessions for all the States. A brief résumé will suffice to show that none of these jurisdictions has struck so one-sided a balance as the Court does today. Heaviest reliance is placed on the FBI practice. Differing circumstances may make this comparison quite untrustworthy, but in any event the FBI falls sensibly short of the Court’s formalistic rules. For example, there is no indication that FBI agents must obtain an affirmative “waiver” before they pursue their questioning. Nor is it clear that one invoking his right to silence may not be prevailed upon to change his mind. And the warning as to appointed counsel apparently indicates only that one will be ¿ssigned by the judge when the suspect appears before him; the thrust of the Court’s rules…

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