Opinion

Commonwealth v. Smith

  • 412 Mass. 823
  • 593 N.E.2d 1288
  • 1992 Mass. LEXIS 394
Court
Massachusetts Supreme Judicial Court
Filed
Jun 10, 1992
Status
Published
Author
Nolan
On the bench
Liacos, Wilkins, Abrams, Nolan, Lynch, O'Connor, Greaney
Cited by
44 cases
Authority
More cited than 0.3%

establishing Massachusetts rule that a statement made following a violation of a suspect’s Miranda rights is presumptively tainted requiring that the prosecution show “more than the belated administration of Miranda warnings in order to dispel that taint”

How later courts described this case

  • establishing Massachusetts rule that a statement made following a violation of a suspect’s Miranda rights is presumptively tainted requiring that the prosecution show “more than the belated administration of Miranda warnings in order to dispel that taint”
  • "The failure to administer the Miranda warnings as presently required by Federal law is itself an improper police tactic"
  • focus of break-in-stream-of-events analysis “is on external constraints, continuing or new, which may have overborne the defendant’s will”
  • declining to follow Oregon v. Elstad, 470 U.S. 298 , 105 S. Ct. 1285 , 84 L. Ed. 2d 222 (1985), on state law grounds in Massachusetts

Written by the judges who cited it.

The opinion

Nolan, J.

(dissenting). The rule of Oregon v. Elstad, 470 U.S. 298, 314 (1985), should be followed. There, the United States Supreme Court correctly left to the fact finder the only crucial question, whether the suspect made a rational and intelligent choice either to waive or to invoke his rights after Miranda warnings had been given.

I dissent.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.