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Petition of the day

The petition of the day is:


Issue: (1) Whether, when law enforcement officers provide Miranda v. Arizona warnings prior to conducting a voluntary, noncustodial interview, they must cease all questioning if the interview subject subsequently expresses a desire to stop the interview, or whether the officers may continue the questioning without violating any constitutional requirements; and (2) whether, if what concededly began as a voluntary, noncustodial interview by police arguably becomes a custodial situation, the fact of “custody” alone makes any subsequently obtained confession involuntary, or must a court employ a “totality of the circumstances” analysis, with custody simply being one factor.

Recommended Citation: Mary Pat Dwyer, Petition of the day, SCOTUSblog (Dec. 6, 2013, 10:40 PM),