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Pruning Miranda

Jesse Holland has this story for AP on the Supreme Court's pruning back of Miranda this term. The opening paragraphs exaggerate the extent of the changes, though. The opening sentence confuses the right to remain silent with the Edwards prohibition against the police renewing a request for a waiver. The two-weeks-out-of-custody rule of Shatzer is portrayed as a big shift in the state's favor.  Prior to Shatzer, a strong argument could have been made that any break in custody terminated the Edwards prohibition, so the two weeks was arguably a shift in the defendant's favor. The main change in the state's favor in Shatzer was the recognition that the defendant's status as a state prison inmate in custody on an unrelated charge was not the kind of police custody that triggers the extended protections of Miranda.

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