Justice Albin continued in relevant part: In Miranda v. Arizona, the United States Supreme Court imposed the requirement that before questioning a suspect during a custodial interrogation, the police must provide warnings, 384 U.S. 436, 479 (1966), and “if the individual states that he wants an attorney, the interrogation must cease until an attorney is present.” Id. at 474. In Edwards, the Court held that “when 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.” 451 U.S. at 484. In Arizona v. Roberson, the Court made clear that once a suspect requests the presence of counsel during an interrogation relating to one investigation, neither the same nor another law enforcement agency may initiate a second interrogation, even one relating to a different investigation, without providing the suspect with the counsel he earlier requested. 486 U.S. at 677-78, 687-88. (pp. 20-25)
In Maryland v. Shatzer, the Court announced a break-in- custody exception to the Edwards rule. 559 U.S. at 104-05. The Supreme Court held that Edwards did not mandate suppression of Shatzer’s incriminating statements because, after his first interrogation, Shatzer experienced a break in Miranda custody by returning to the general prison population and because the second round of interrogations occurred more than two-and-a-half years later. Id. at 114, 116-17. The Court maintained that a break in custody means different things for pretrial detainees and prison inmates. Id. at 106-07, 112-14. The Court concluded that “an extension of Edwards is not justified when a suspect who initially requested counsel is reinterrogated after a break in custody that is of sufficient duration to dissipate its coercive effects.” Id. at 109. In that circumstance, the fresh administration of Miranda warnings when the suspect is reinterrogated is “deemed sufficient” to protect his right to counsel. Ibid. A break in custody of fourteen days is sufficient “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.” Id. at 110.
A common misconception about Miranda warnings is that a conviction can not be sustained in a case in which they are not read to an arrestee. Miranda violations lead to the suppression of statements and evidence derived from those statements. Miranda violations do not lead to the suppression of evidence derived from independent sources.
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