NCJ Number
38169
Journal
Iowa Law Review Volume: 62 Issue: 1 Dated: (OCTOBER 1976) Pages: 291-307
Date Published
1976
Length
16 pages
Annotation
THIS COMMENT ANALYZES THE REASONING EMPLOYED BY THE MAJORITY IN REACHING ITS DECISION IN THE RECENT SUPREME COURT RULING IN MICHIGAN V MOSLEY (1975).
Abstract
THE COURT HELD THAT THE ADMISSIBILITY OF STATEMENTS OBTAINED AFTER A SUSPECT HAS ASSERTED THE RIGHT TO REMAIN SILENT IS DEPENDENT UPON WHETHER THE SUSPECT'S RIGHT TO TERMINATE QUESTIONING WAS 'SCRUPULOUSLY HONORED' BY LAW ENFORCEMENT OFFICIALS. THE CONCURRING OPINION OF JUSTICE WHITE AND THE DISSENTING OPINION OF JUSTICES BRENNAN AND MARSHALL, TOGETHER WITH RULINGS OF OTHER COURTS TAKING POSTIONS SIMILAR TO THOSE OPINIONS, ARE CONTRASTED WITH THE MAJORITY OPINION. THE FACTORS ARTICULATED BY THE COURT IN MOSLEY WHICH WERE FOUND TO HAVE MET THE 'SCRUPULOUSLY HONORED' STANDARD ARE REVIEWED IN AN ATTEMPT TO DETERMINE HOW THAT STANDARD WILL BE APPLIED IN FUTURE CASES. (AUTHOR ABSTRACT MODIFIED)