Commonwealth v. Simon

(dissenting, with whom Marshall, C.J., and Spina, *302J., join). As the court recognizes, since the United States Supreme Court’s decision in Miranda v. Arizona, 384 U.S. 436 (1966) (Miranda), persons in Massachusetts subject to custodial interrogation by the police have been entitled to receive, at the threshold of the interrogation, a recitation of what have become known as the Miranda warnings: that they have right to remain silent, that anything they say can be used against them, that they have a right to the presence of an attorney, and that, if they cannot afford an attorney, one will be…