Maryland v. Shatzer
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 08-680 | Court of Appeals of Maryland | Oct 5, 2009 | Feb 24, 2010 | 9-0 | Scalia | OT 2009 |
Holding: When the police arrest a suspect, they must tell him his Miranda rights, which include the right to a lawyer and the right to remain silent. Once the suspect requests a lawyer, the police may not question him again until he is given one, even if he later waives that right. In this case, the Court ruled that, if the suspect has been released from custody for at least fourteen days since he last requested a lawyer, the police may resume questioning him if he waives his right to a lawyer at that time. In the prison context, the police may resume questioning an inmate after he has been released into the general prison population for fourteen days.
Judgment: Reversed and remanded, 9-0, in an opinion by Justice Antonin Scalia on February 24, 2010. Justice Thomas concurred in part and concurred in the judgment. Justice Stevens concurred in the judgment.
SCOTUSblog Coverage
- Does the Constitution Have a 14-Day Clause? (Orin Kerr, February 25, 2010)
- Break in custody permits re-interrogation (Anna Christensen, February 24, 2010)
- Argument Recap: Maryland v. Shatzer (Anna Christensen, October 7, 2009)
- Argument Preview: Maryland v. Shatzer (Kristina Moore, July 22, 2009)
Briefs and Documents
Merits Briefs
- Brief for Petitioner State of Maryland
- Brief for Respondent Michael Blaine Shatzer
- Reply Brief for Petitioner State of Maryland
Amicus Briefs
- Brief for Florida, Alabama, Arizona, Arkansas, Colorado, Delaware, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Louisiana, Maine, Massachusetts, Michigan, Mississippi, Montana, Nebraska, Nevada, New Hampshire, New Mexico, North Carolina, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, Washington, Wisconsin and Wyoming in Support of Petitioner
- Brief for the United States of America in Support of Petitioner
- Brief for the Criminal Justice Legal Foundation in Support of Petitioner
- Brief for the National Association of Criminal Defense Lawyers in Support of Respondent
Certiorari-stage documents
- Opinion below (Court of Appeals of Maryland)
Merits Briefs
- Brief for Petitioner State of Maryland
- Brief for Respondent Michael Blaine Shatzer
- Reply Brief for Petitioner State of Maryland
Amicus Briefs
- Brief for Florida, Alabama, Arizona, Arkansas, Colorado, Delaware, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Louisiana, Maine, Massachusetts, Michigan, Mississippi, Montana, Nebraska, Nevada, New Hampshire, New Mexico, North Carolina, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, Washington, Wisconsin and Wyoming in Support of Petitioner
- Brief for the United States of America in Support of Petitioner
- Brief for the Criminal Justice Legal Foundation in Support of Petitioner
- Brief for the National Association of Criminal Defense Lawyers in Support of Respondent
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