NCJ Number
121868
Journal
Arizona Law Review Volume: 30 Issue: 3 Dated: (1988) Pages: 551-570
Date Published
1988
Length
20 pages
Annotation
This article analyzes the Supreme Court's decision in Colorado v. Spring, asserting that suspects must be made aware of the charges against them and the possible subject matter of a custodial interrogation before they can voluntarily, knowingly, and intelligently waive their constitutional rights.
Abstract
In Colorado v. Spring, the U.S. Supreme Court held that police are not required to inform a suspect of the charges against him before he can effectively waive his constitutional rights and that police do not need to redeliver Miranda warnings to the suspect when the subject matter of an interrogation changes. The Court's decisions in Colorado v. Spring and Miranda v. Arizona are analyzed and compared to demonstrate that Colorado v. Spring undercuts the constitutional protections established by Miranda. A good faith rule for police conducting interrogations is proposed, requiring them to demonstrate only that the information they disclosed to the arrestee was reasonably intended to let the arrestee know of the potential topics of the custodial interrogation. 113 footnotes.