Legal Opinion · Dissent

United States v. Attardi

United States Court of Military Appeals

Decided May 14, 1971No. 23,568Published

1DissentFerguson, Senior Judge

I dissent.

The very techniques of interrogation condemned by the Supreme Court in Miranda v Arizona, 384 US 436, 16 L Ed 2d 694, 86 S Ct 1602 (1966), as being destructive of an accused’s free choice to silence are present in this case in abundance. The record reflects that: (1) The accused was interrogated by seven or eight (four teams of two each) military intelligence agents on at least four separate occasions during the hours 10:00 to 11:00 p.m., April 11, 1969, until he finally confessed sometime between 5:00 and 6:00 a.m., on the 12th; (2) despite his refusal at one point during the…

2Cases cited8 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. Gallegos v. ColoradoSupreme Court of the United States · 1962
  3. United States v. SmithUnited States Court of Military Appeals · 1962
  4. United States v. PosnickUnited States Court of Military Appeals · 1957
  5. United States v. BollonsUnited States Court of Military Appeals · 1967

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