Smith v. State

The problem is a simple one of proper conceptualization. At a surface level, the tactical issue in the case is that of whether Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966), applies to the investigative event on which the appellant focuses. At the strategic level, the issue is that of whether the Fifth Amendment privilege against compelled self-incrimination applies to that investigative event. If, for any reason, that strategic protection should not apply, then any tactical minutiae generated by Miranda v. Arizona would be beside the point. The subordination of the…