OPINION OF THE COURT
MARYLAND V. SHATZER
559 U. S. ____ (2010)
SUPREME COURT OF THE UNITED STATES
NO. 08-680
MARYLAND, PETITIONER
v. MICHAEL BLAINE
SHATZER, Sr.
on writ of certiorari to the court of appeals of
maryland
[February 24, 2010]
Justice Scalia delivered the
opinion of the Court.
We consider whether a break in
custody ends the presumption of involuntariness established in
Edwards v.
Arizona,
451 U. S. 477
(1981).
I
In August 2003, a social worker
assigned to the Child Advocacy Center in the Criminal Investigation
Division of the Hagerstown Police Department referred to the
department allegations that respondent Michael Shatzer, Sr., had
sexually abused his 3-year-old son. At that time, Shatzer was
incarcerated at the Maryland Correctional Institution-Hagerstown,
serving a sentence for an unrelated child-sexual-abuse offense.
Detective Shane Blankenship was assigned to the investigation and
interviewed Shatzer at the correctional institution on August 7,
2003. Before asking any questions, Blankenship reviewed Shatzer’s
Miranda rights with him, and obtained a written waiver of
those rights. When Blankenship explained that he was there to
question Shatzer about sexually abusing his son, Shatzer expressed
confusion—he had thought Blankenship was an attorney there to
discuss the prior crime for which he was incarcerated. Blankenship
clarified the purpose of his visit, and Shatzer declined to speak
without an attorney. Accordingly, Blankenship ended the interview,
and Shatzer was released back into the general prison population.
Shortly thereafter, Blankenship closed the investigation.
Two years and six months later,
the same social worker referred more specific allegations to the
department about the same incident involving Shatzer. Detective
Paul Hoover, from the same division, was assigned to the
investigation. He and the social worker interviewed the victim,
then eight years old, who described the incident in more detail.
With this new information in hand, on March 2, 2006, they went to
the Roxbury Correctional Institute, to which Shatzer had since been
transferred, and interviewed Shatzer in a maintenance room
outfitted with a desk and three chairs. Hoover explained that he
wanted to ask Shatzer about the alleged incident involving
Shatzer’s son. Shatzer was surprised because he thought that the
investigation had been closed, but Hoover explained they had opened
a new file. Hoover then read Shatzer his
Miranda rights
and obtained a written waiver on a standard department form.
Hoover interrogated Shatzer about the incident
for approximately 30 minutes. Shatzer denied ordering his son to
perform fellatio on him, but admitted to masturbating in front of
his son from a distance of less than three feet. Before the
interview ended, Shatzer agreed to Hoover’s request that he submit
to a polygraph examination. At no point during the interrogation
did Shatzer request to speak with an attorney or refer to his prior
refusal to answer questions without one.
Five days later, on March 7, 2006, Hoover and
another detective met with Shatzer at the correctional facility to
administer the polygraph examination. After reading Shatzer his
Miranda rights and obtaining a written waiver, the other
detective administered the test and concluded that Shatzer had
failed. When the detectives then questioned Shatzer, he became
upset, started to cry, and incriminated himself by saying,
“ ‘I didn’t force him. I didn’t force him.’ ” 405 Md.
585, 590, 954 A. 2d 1118, 1121 (2008). After making this
inculpatory statement, Shatzer requested an attorney, and Hoover
promptly ended the interrogation.
The State’s Attorney for Washington County
charged Shatzer with second-degree sexual offense, sexual child
abuse, second-degree assault, and contributing to conditions
rendering a child in need of assistance. Shatzer moved to suppress
his March 2006 statements pursuant to
Edwards. The trial
court held a suppression hearing and later denied Shatzer’s motion.
The
Edwards protections did not apply, it reasoned,
because Shatzer had experienced a break in custody for
Miranda purposes between the 2003 and 2006 interrogations.
No. 21–K–06–37799 (Cir. Ct. Washington Cty., Md., Sept. 14, 2006),
App. 55. Shatzer pleaded not guilty, waived his right to a jury
trial, and proceeded to a bench trial based on an agreed statement
of facts. In accordance with the agreement, the State described the
interview with the victim and Shatzer’s 2006 statements to the
detectives. Based on the proffered testimony of the victim and the
“admission of the defendant as to the act of masturbation,” the
trial court found Shatzer guilty of sexual child abuse of his
son.[
Footnote 1] No.
21–K–06–37799 (Cir. Ct. Washington Cty., Md., Sept. 21, 2006),
id., at 70, 79.
Over the dissent of two judges, the Court of
Appeals of Maryland reversed and remanded. The court held that “the
passage of time
alone is insufficient to [end] the
protections afforded by
Edwards,” and that, assuming,
arguendo, a break-in-custody exception to
Edwards
existed, Shatzer’s release back into the general prison population
between interrogations did not constitute a break in custody. 405
Md., at 606–607, 954 A. 2d, at 1131. We granted certiorari,
555 U. S. ___ (2009).
II
The Fifth Amendment, which
applies to the States by virtue of the Fourteenth Amendment,
Malloy v.
Hogan,
378 U. S. 1, 6 (1964),
provides that “[n]o person . . . shall be compelled in any criminal
case to be a witness against himself.” U. S. Const., Amdt. 5. In
Miranda v.
Arizona,
384 U. S. 436 (1966),
the Court adopted a set of prophylactic measures to protect a
suspect’s Fifth Amendment right from the “inherently compelling
pressures” of custodial interrogation.
Id., at 467. The
Court observed that “incommunicado interrogation” in an
“unfamiliar,” “police-dominated atmosphere,”
id., at
456–457, involves psychological pressures “which work to undermine
the individual’s will to resist and to compel him to speak where he
would not otherwise do so freely,”
id., at 467.
Consequently, it reasoned, “[u]nless adequate protective devices
are employed to dispel the compulsion inherent in custodial
surroundings, no statement obtained from the defendant can truly be
the product of his free choice.”
Id., at 458.
To counteract the coercive
pressure,
Miranda announced that police officers must warn
a suspect prior to questioning that he has a right to remain
silent, and a right to the presence of an attorney.
Id.,
at 444. After the warnings are given, if the suspect indicates that
he wishes to remain silent, the interrogation must cease.
Id., at 473–474. Similarly, if the suspect states that he
wants an attorney, the interrogation must cease until an attorney
is present.
Id., at 474. Critically, however, a suspect
can waive these rights.
Id., at 475. To establish a valid
waiver, the State must show that the waiver was knowing,
intelligent, and voluntary under the “high standar[d] of proof for
the waiver of constitutional rights [set forth in]
Johnson
v.
Zerbst,
304 U. S. 458 (1938).”
Id.,
at 475.
In
Edwards, the Court determined that
Zerbst’s traditional standard for waiver was not
sufficient to protect a suspect’s right to have counsel present at
a subsequent interrogation if he had previously requested counsel;
“additional safeguards” were necessary. 451 U. S., at 484. The
Court therefore superimposed a “second layer of prophylaxis,”
McNeil v.
Wisconsin,
501 U. S. 171, 176 (1991).
Edwards held:
“[W]hen an accused has invoked his right to have
counsel present during custodial interrogation, a valid waiver of
that right cannot be established by showing only that he responded
to further police-initiated custodial interrogation even if he has
been advised of his rights. . . . [He] is not subject to further
interrogation by the authorities until counsel has been made
available to him, unless the accused himself initiates further
communication, exchanges, or conversations with the police.” 451 U.
S., at 484–485.
The rationale of
Edwards is that once a
suspect indicates that “he is not capable of undergoing [custodial]
questioning without advice of counsel,” “any subsequent waiver that
has come at the authorities’ behest, and not at the suspect’s own
instigation, is itself the product of the ‘inherently compelling
pressures’ and not the purely voluntary choice of the suspect.”
Arizona v.
Roberson,
486 U. S. 675, 681 (1988). Under this
rule, a voluntary
Miranda waiver is sufficient at the time
of an initial attempted interrogation to protect a suspect’s right
to have counsel present, but it is not sufficient at the time of
subsequent attempts if the suspect initially requested the presence
of counsel. The implicit assumption, of course, is that the
subsequent requests for interrogation pose a significantly greater
risk of coercion. That increased risk results not only from the
police’s persistence in trying to get the suspect to talk, but also
from the continued pressure that begins when the individual is
taken into custody as a suspect and sought to be
interrogated—pressure likely to “increase as custody is prolonged,”
Minnick v.
Mississippi,
498 U. S. 146, 153 (1990). The
Edwards presumption of involuntariness ensures that police
will not take advantage of the mounting coercive pressures of
“prolonged police custody,”
Roberson, 486 U. S., at 686,
by repeatedly attempting to question a suspect who previously
requested counsel until the suspect is “badgered into submission,”
id., at 690 (Kennedy, J., dissenting).
We have frequently emphasized that the
Edwards rule is not a constitutional mandate, but
judicially prescribed prophylaxis. See,
e.g.,
Montejo v.
Louisiana, 556 U. S. ___, ___ (2009)
(slip op., at 7–8);
Michigan v.
Harvey,
494 U. S. 344, 349
(1990);
Solem v.
Stumes,
465 U. S. 638, 644,
n. 4 (1984). Because
Edwards is “our rule, not a
constitutional command,” “it is our obligation to justify its
expansion.”
Roberson,
supra, at 688 (Kennedy, J.,
dissenting). Lower courts have uniformly held that a break in
custody ends the
Edwards presumption, see,
e.g.,
People v.
Storm, 28 Cal. 4th 1007, 1023–1024, and
n. 6, 52 P. 3d 52, 61–62, and n. 6 (2002)
(collecting state and federal cases), but we have previously
addressed the issue only in dicta, see
McNeil,
supra, at 177 (
Edwards applies “assuming there
has been no break in custody”).
A judicially crafted rule is “justified only
by reference to its prophylactic purpose,”
Davis v.
United States,
512 U. S. 452, 458
(1994) (internal quotation marks omitted), and applies only where
its benefits outweigh its costs,
Montejo,
supra,
at ___ (slip op., at 14). We begin with the benefits.
Edwards’ presumption of involuntariness has the incidental
effect of “conserv[ing] judicial resources which would otherwise be
expended in making difficult determinations of voluntariness.”
Minnick,
supra, at 151. Its fundamental purpose,
however, is to “[p]reserv[e] the integrity of an accused’s choice
to communicate with police only through counsel,”
Patterson v.
Illinois,
487 U. S. 285, 291
(1988), by “prevent[ing] police from badgering a defendant into
waiving his previously asserted
Miranda rights,”
Harvey,
supra, at 350. Thus, the benefits of the
rule are measured by the number of coerced confessions it
suppresses that otherwise would have been admitted. See
Montejo,
supra, at ___ (slip op., at 14).
It is easy to believe that a suspect may be
coerced or badgered into abandoning his earlier refusal to be
questioned without counsel in the paradigm
Edwards case.
That is a case in which the suspect has been arrested for a
particular crime and is held in uninterrupted pretrial custody
while that crime is being actively investigated. After the initial
interrogation, and up to and including the second one, he remains
cut off from his normal life and companions, “thrust into” and
isolated in an “unfamiliar,” “police-dominated atmosphere,”
Miranda, 384 U. S., at 456–457, where his captors “appear
to control [his] fate,”
Illinois v.
Perkins,
496 U. S. 292,
297 (1990). That was the situation confronted by the suspects in
Edwards,
Roberson, and
Minnick, the
three cases in which we have held the
Edwards rule
applicable. Edwards was arrested pursuant to a warrant and taken to
a police station, where he was interrogated until he requested
counsel.
Edwards, 451 U. S.em>., at 478–479. The
officer ended the interrogation and took him to the county
jail,[
Footnote 2] but at 9:15
the next morning, two of the officer’s colleagues reinterrogated
Edwards at the jail.
Id., at 479. Roberson was arrested
“at the scene of a just-completed burglary” and interrogated there
until he requested a lawyer.
Roberson, 486 U. S., at 678.
A different officer interrogated him three days later while he “was
still in custody pursuant to the arrest.”
Ibid. Minnick
was arrested by local police and taken to the San Diego jail, where
two FBI agents interrogated him the next morning until he requested
counsel.
Minnick, 498 U. S.
, at 148–149. Two days
later a Mississippi Deputy Sheriff reinterrogated him at the jail.
Id., at 149. None of these suspects regained a sense of
control or normalcy after they were initially taken into custody
for the crime under investigation.
When, unlike what happened in these three
cases, a suspect has been released from his pretrial custody and
has returned to his normal life for some time before the later
attempted interrogation, there is little reason to think that his
change of heart regarding interrogation without counsel has been
coerced. He has no longer been isolated. He has likely been able to
seek advice from an attorney, family members, and friends.[
Footnote 3] And he knows from his
earlier experience that he need only demand counsel to bring the
interrogation to a halt; and that investigative custody does not
last indefinitely. In these circumstances, it is far fetched to
think that a police officer’s asking the suspect whether he would
like to waive his
Miranda rights will any more “wear down
the accused,”
Smith v.
Illinois,
469 U. S. 91, 98 (1984)
(per curiam), than did the first such request at the
original attempted interrogation—which is of course not deemed
coercive. His change of heart is less likely attributable to
“badgering” than it is to the fact that further deliberation in
familiar surroundings has caused him to believe (rightly or
wrongly) that cooperating with the investigation is in his
interest. Uncritical extension of
Edwards to this
situation would not significantly increase the number of genuinely
coerced confessions excluded. The “justification for a conclusive
presumption disappears when application of the presumption will not
reach the correct result most of the time.”
Coleman v.
Thompson,
501 U. S. 722, 737
(1991).
At the same time that extending the
Edwards rule yields diminished benefits, extending the
rule also increases its costs: the in-fact voluntary confessions it
excludes from trial, and the voluntary confessions it deters law
enforcement officers from even trying to obtain. Voluntary
confessions are not merely “a proper element in law enforcement,”
Miranda,
supra, at 478, they are an “unmitigated
good,”
McNeil, 501 U. S., at 181, “ ‘essential to
society’s compelling interest in finding, convicting, and punishing
those who violate the law,’ ”
ibid. (quoting
Moran v.
Burbine,
475 U. S. 412, 426
(1986)).
The only logical endpoint of
Edwards
disability is termination of
Miranda custody and any of
its lingering effects. Without that limitation—and barring some
purely arbitrary time-limit[
Footnote 4]—every
Edwards prohibition of
custodial interrogation of a particular suspect would be eternal.
The prohibition applies, of course, when the subsequent
interrogation pertains to a different crime,
Roberson,
supra, when it is conducted by a different law enforcement
authority,
Minnick,
498 U. S. 146, and even when the
suspect has met with an attorney after the first interrogation,
ibid. And it not only prevents questioning
ex
ante; it would render invalid
ex post,
confessions invited and obtained from suspects who (unbeknownst to
the interrogators) have acquired
Edwards immunity
previously in connection with any offense in any
jurisdiction.[
Footnote 5] In a
country that harbors a large number of repeat offenders,[
Footnote 6] this consequence is
disastrous.
We conclude that such an extension of
Edwards is not justified; we have opened its “protective
umbrella,”
Solem, 465 U. S., at 644, n. 4, far
enough. The protections offered by
Miranda, which we have
deemed sufficient to ensure that the police respect the suspect’s
desire to have an attorney present the first time police
interrogate him, adequately ensure that result when a suspect who
initially requested counsel is reinterrogated after a break in
custody that is of sufficient duration to dissipate its coercive
effects.
If Shatzer’s return to the general prison
population qualified as a break in custody (a question we address
in Part III,
infra), there is no doubt that it lasted long
enough (2 years) to meet that durational requirement. But what
about a break that has lasted only one year? Or only one week? It
is impractical to leave the answer to that question for
clarification in future case-by-case adjudication; law enforcement
officers need to know, with certainty and beforehand, when renewed
interrogation is lawful. And while it is certainly unusual for this
Court to set forth precise time limits governing police action, it
is not unheard-of. In
County of Riverside v.
McLaughlin,
500 U. S. 44 (1991), we
specified 48 hours as the time within which the police must comply
with the requirement of
Gerstein v.
Pugh,
420 U. S. 103
(1975), that a person arrested without a warrant be brought before
a magistrate to establish probable cause for continued
detention.
Like
McLaughlin, this is a case in
which the requisite police action (there, presentation to a
magistrate; here, abstention from further interrogation) has not
been prescribed by statute but has been established by opinion of
this Court. We think it appropriate to specify a period of time to
avoid the consequence that continuation of the
Edwards
presumption “will not reach the correct result most of the time.”
Coleman,
supra, at 737. It seems to us that
period is 14 days. That provides plenty of time for the suspect to
get reacclimated to his normal life, to consult with friends and
counsel, and to shake off any residual coercive effects of his
prior custody.
The 14-day limitation meets Shatzer’s concern
that a break-in-custody rule lends itself to police abuse. He
envisions that once a suspect invokes his
Miranda right to
counsel, the police will release the suspect briefly (to end the
Edwards presumption) and then promptly bring him back into
custody for reinterrogation. But once the suspect has been out of
custody long enough (14 days) to eliminate its coercive effect,
there will be nothing to gain by such gamesmanship—nothing, that
is, except the entirely appropriate gain of being able to
interrogate a suspect who has made a valid waiver of his
Miranda rights.[
Footnote
7]
Shatzer argues that ending the
Edwards protections at a break in custody will undermine
Edwards’ purpose to conserve judicial resources. To be
sure, we have said that “[t]he merit of the
Edwards
decision lies in the clarity of its command and the certainty of
its application.”
Minnick, 498 U. S., at 151. But clarity
and certainty are not goals in themselves. They are valuable only
when they reasonably further the achievement of some substantive
end—here, the exclusion of compelled confessions. Confessions
obtained after a 2-week break in custody and a waiver of
Miranda rights are most unlikely to be compelled, and
hence are unreasonably excluded. In any case, a break-in-custody
exception will dim only marginally, if at all, the bright-line
nature of
Edwards. In every case involving
Edwards, the courts must determine whether the suspect was
in custody when he requested counsel and when he later made the
statements he seeks to suppress. Now, in cases where there is an
alleged break in custody, they simply have to repeat the inquiry
for the time between the initial invocation and reinterrogation. In
most cases that determination will be easy. And when it is
determined that the defendant pleading
Edwards has been
out of custody for two weeks before the contested interrogation,
the court is spared the fact-intensive inquiry into whether he
ever, anywhere, asserted his
Miranda right to counsel.
III
The facts of this case present an
additional issue. No one questions that Shatzer was in custody for
Miranda purposes during the interviews with Detective
Blankenship in 2003 and Detective Hoover in 2006. Likewise, no one
questions that Shatzer triggered the
Edwards protections
when, according to Detective Blankenship’s notes of the 2003
interview, he stated that “ ‘he would not talk about this case
without having an attorney present,’ ” 405 Md., at 589, 954
A. 2d, at 1120. After the 2003 interview, Shatzer was released
back into the general prison population where he was serving an
unrelated sentence. The issue is whether that constitutes a break
in
Miranda custody.
We have never decided whether
incarceration constitutes custody for
Miranda purposes,
and have indeed explicitly declined to address the issue. See
Perkins, 496 U. S., at 299. See also
Bradley v.
Ohio,
497
U. S. 1011, 1013 (1990) (Marshall, J., dissenting from denial
of certiorari). Whether it does depends upon whether it exerts the
coercive pressure that
Miranda was designed to guard
against—the “danger of coercion [that] results from the
interaction of custody and official interrogation.”
Perkins,
supra, at 297 (emphasis added). To
determine whether a suspect was in
Miranda custody we have
asked whether “there is a ‘formal arrest or restraint on freedom of
movement’ of the degree associated with a formal arrest.”
New
York v.
Quarles,
467 U. S. 649, 655
(1984); see also
Stansbury v.
California,
511 U. S. 318,
322 (1994)
(per curiam). This test, no doubt, is satisfied
by all forms of incarceration. Our cases make clear, however, that
the freedom-of-movement test identifies only a necessary and not a
sufficient condition for
Miranda custody. We have declined
to accord it “talismanic power,” because
Miranda is to be
enforced “only in those types of situations in which the concerns
that powered the decision are implicated.”
Berkemer v.
McCarty,
468 U. S. 420, 437
(1984). Thus, the temporary and relatively nonthreatening detention
involved in a traffic stop or
Terry stop, see
Terry v.
Ohio,
392 U. S. 1 (1968), does
not constitute
Miranda custody.
McCarty,
supra, at 439–440. See also
Perkins,
supra, at 296.
Here, we are addressing the interim period
during which a suspect was not interrogated, but was subject to a
baseline set of restraints imposed pursuant to a prior conviction.
Without minimizing the harsh realities of incarceration, we think
lawful imprisonment imposed upon conviction of a crime does not
create the coercive pressures identified in
Miranda.
Interrogated suspects who have previously been
convicted of crime live in prison. When they are released back into
the general prison population, they return to their accustomed
surroundings and daily routine—they regain the degree of control
they had over their lives prior to the interrogation. Sentenced
prisoners, in contrast to the
Miranda paradigm, are not
isolated with their accusers. They live among other inmates,
guards, and workers, and often can receive visitors and communicate
with people on the outside by mail or telephone.
Their detention, moreover, is relatively
disconnected from their prior unwillingness to cooperate in an
investigation. The former interrogator has no power to increase the
duration of incarceration, which was determined at
sentencing.[
Footnote 8] And
even where the possibility of parole exists, the former
interrogator has no apparent power to decrease the time served.
This is in stark contrast to the circumstances faced by the
defendants in
Edwards,
Roberson, and
Minnick, whose continued detention as suspects rested with
those controlling their interrogation, and who confronted the
uncertainties of what final charges they would face, whether they
would be convicted, and what sentence they would receive.
Shatzer’s experience illustrates the vast
differences between
Miranda custody and incarceration
pursuant to conviction. At the time of the 2003 attempted
interrogation, Shatzer was already serving a sentence for a prior
conviction. After that, he returned to the general prison
population in the Maryland Correctional Institution-Hagerstown and
was later transferred, for unrelated reasons, down the street to
the Roxbury Correctional Institute. Both are medium-security state
correctional facilities. See Maryland Div. of Correction Inmate
Handbook 7 (2007), online at http://dpscs.md.gov/rehabservs/
doc/pdfs/2007_Inmate_Handbook.pdf (all Internet materials as
visited Feb. 22, 2010, and available in Clerk of Court’s case
file). Inmates in these facilities generally can visit the library
each week,
id., at 28; have regular exercise and
recreation periods,
id., at 17; can participate in basic
adult education and occupational training,
id., at 26, 7;
are able to send and receive mail,
id., at 21–22, 16; and
are allowed to receive visitors twice a week, see
http://dpscs.md.gov/locations/mcih.shtml; http://www.
dpscs.state.md.us/locations/rci.shtml. His continued detention
after the 2003 interrogation did not depend on what he said (or did
not say) to Detective Blankenship, and he has not alleged that he
was placed in a higher level of security or faced any continuing
restraints as a result of the 2003 interrogation. The “inherently
compelling pressures” of custodial interrogation ended when he
returned to his normal life.
IV
A few words in response to
Justice Stevens’ concurrence: It claims we ignore that “[w]hen
police tell an indigent suspect that he has the right to an
attorney” and then “reinterrogate” him without providing a lawyer,
“the suspect is likely to feel that the police lied to him and that
he really does not have any right to a lawyer.”
Post, at 2
(opinion concurring in judgment) (hereinafter concurrence). See
also
post, at 4, 7, n. 11, 11, n. 16. The
fallacy here is that we are not talking about “reinterrogating” the
suspect; we are talking about
asking his permission to be
interrogated. An officer has in no sense lied to a suspect when,
after advising, as
Miranda requires, “You have the right
to remain silent, and if you choose to speak you have the right to
the presence of an attorney,” he promptly ends the attempted
interrogation because the suspect declines to speak without counsel
present, and then, two weeks later, reapproaches the suspect and
asks, “Are you now willing to speak without a lawyer present?”
The “concer[n] that motivated the
Edwards line of cases,”
post, at 2–3, n. 2,
is that the suspect will be coerced into saying yes. That concern
guides our decision today. Contrary to the concurrence’s
conclusion,
post, at 3, 5–6, there is no reason to believe
a suspect will view confession as “ ‘the only way to end his
interrogation’ ” when, before the interrogation begins, he is
told that he can avoid it by simply requesting that he not be
interrogated without counsel present—an option that worked before.
If, as the concurrence argues will often be the case,
post, at 5, a break in custody does not change the
suspect’s mind, he need only say so.
The concurrence also accuses the
Court of “ignor[ing] that when a suspect asks for counsel, until
his request is answered, there are still the same ‘inherently
compelling’ pressures of custodial interrogation on which the
Miranda line of cases is based.”
Post, at 4. We
do not ignore these pressures; nor do we suggest that they
disappear when custody is recommenced after a break, see
post, at 5. But if those pressures are merely “the same”
as before, then
Miranda provides sufficient protection—as
it did before. The
Edwards presumption of involuntariness
is justified only in circumstances where the coercive pressures
have increased so much that suspects’ waivers of
Miranda
rights are likely to be involuntary most of the time. Contrary to
the concurrence’s suggestion,
post, at 3, it is only in
those narrow circumstances—when custody is unbroken—that the Court
has concluded a “fresh se[t] of
Miranda warnings” is not
sufficient. See
Roberson, 486 U. S., at 686.
In the last analysis, it turns out that the
concurrence accepts our principal points. It agrees that
Edwards prophylaxis is not perpetual; it agrees that a
break in custody reduces the inherently compelling pressure upon
which
Edwards was based; it agrees that Shatzer’s release
back into the general prison population constituted a break in
custody; and it agrees that in this case the break was long enough
to render
Edwards inapplicable.
Post, at 10–12.
We differ in two respects: Instead of terminating
Edwards
protection when the custodial pressures that were the basis for
that protection dissipate, the concurrence would terminate it when
the suspect would no longer “feel that he has ‘been denied the
counsel he has clearly requested,’ ”
post, at 11.
This is entirely unrelated to the rationale of
Edwards. If
confidence in the police’s promise to provide counsel were the
touchstone,
Edwards would not have applied in
Minnick, where the suspect in continuing custody actually
met with appointed counsel. The concurrence’s rule is also entirely
unrelated to the existence of a break in custody. While that may
relieve the accumulated coercive pressures of custody that are the
foundation for
Edwards, it is hard to see how it bolsters
the suspect’s confidence that if he asks for counsel he will get
one.
And secondly, the concurrence differs from us
in declining to say
how long after a break in custody the
termination of
Edwards protection occurs. Two and one-half
years, it says, is clearly enough—but it gives law enforcement
authorities no further guidance. The concurrence criticizes our use
of 14 days as arbitrary and unexplained,
post, at 5, and
n. 7. But in fact that rests upon the same basis as the
concurrence’s own approval of a 2
12-year break in custody: how much time will justify “treating
the second interrogation as no more coercive than the first,”
post, at 10. Failure to say where the line falls short of
212 years, and leaving that for
future case-by-case determination, is certainly less helpful, but
not at all less arbitrary.
* * *
Because Shatzer experienced
a break in Miranda custody lasting more than two weeks
between the first and second attempts at interrogation,
Edwards does not mandate suppression of his March 2006
statements. Accordingly, we reverse the judgment of the Court of
Appeals of Maryland, and remand the case for further proceedings
not inconsistent with this opinion.
It is so
ordered.
Footnote
1
The State filed a nolle
prosequi to the second-degree sexual offense charge, and
consented to dismissal of the misdemeanor charges as barred by the
statute of limitations.
Footnote
2
Jail is a “local government’s detention
center where persons awaiting trial or those convicted of
misdemeanors are confined.” Black’s Law Dictionary 910 (9th ed.
2009). Prison, by contrast, is a “state or federal facility of
confinement for convicted criminals, esp. felons.” Id., at
1314.
Footnote
3
Justice Stevens points out,
post, at 7 (opinion concurring in judgment), that in
Minnick, actual pre-reinterrogation consultation with an
attorney during continued custody did not suffice to avoid
application of Edwards. That does not mean that the
ability to consult freely with attorneys and others does not reduce
the level of coercion at all, or that it is “only questionably
relevant,” post, at 7, to whether termination of custody
reduces the coercive pressure that is the basis for
Edwards’ super-prophylactic
rule.
Footnote
4
The State’s alternative argument in the
present case is that the substantial lapse in time between the 2003
and 2006 attempts at interrogation independently ended the
Edwards presumption. Our disposition makes it unnecessary
to address that argument.
Footnote
5
This assumes that Roberson’s
extension of Edwards to subsequent interrogation for a
different crime, and Minnick’s extension of
Edwards to subsequent interrogation by a different law
enforcement agency would apply even when the place of custody and
the identity of the custodial agency are not the same (as they were
in Roberson and Minnick) as those of the original
interrogation. That assumption would seem reasonable if the
Edwards-suspending effect of a termination of custody is
rejected. Reinterrogation in different custody or by a different
interrogating agency would seem, if anything, less likely
than termination of custody to reduce coercive pressures. At the
original site, and with respect to the original interrogating
agency, the suspect has already experienced cessation of
interrogation when he demands counsel—which he may have no reason
to expect elsewhere.
Footnote
6
According to a recent study, 67.5% of
prisoners released from 15 States in 1994 were rearrested within
three years. See Dept. of Justice, Bureau of Justice Statistics,
Special Report, Recidivism of Prisoners Released in 1994 (NCJ
193427, 2002).
Footnote
7
A defendant who experiences a 14-day
break in custody after invoking the Miranda right to
counsel is not left without protection. Edwards
establishes a presumption that a suspect’s waiver of
Miranda rights is involuntary. See Arizona v.
Roberson, 486 U. S. 675, 681 (1988).
Even without this “second layer of prophylaxis,” McNeil v.
Wisconsin, 501 U. S. 171, 176 (1991), a defendant
is still free to claim the prophylactic protection of
Miranda—arguing that his waiver of Miranda rights
was in fact involuntary under Johnson v. Zerbst,
304 U. S. 458 (1938). See
Miranda, 384 U. S., at
475.
Footnote
8
We distinguish the duration of
incarceration from the duration of what might be termed
interrogative custody. When a prisoner is removed from the general
prison population and taken to a separate location for questioning,
the duration of that separation is assuredly dependent
upon his interrogators. For which reason once he has asserted a
refusal to speak without assistance of counsel Edwards
prevents any efforts to get him to change his mind during that
interrogative custody.
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