Oregon v. Elstad

Justice Brennan, with whom Justice Marshall joins,

dissenting.

The Self-Incrimination Clause of the Fifth Amendment guarantees every individual that, if taken into official cus*319tody, he shall be informed of important constitutional rights and be given the opportunity knowingly and voluntarily to waive those rights before being interrogated about suspected wrongdoing. Miranda v. Arizona, 384 U. S. 436 (1966).1 This guarantee embodies our society’s conviction that “no system of criminal justice can, or should, survive if it comes to depend for its continued effectiveness on the citizens’…