Legal Opinion · Dissent

State v. Johnson

Supreme Court of Louisiana

Decided January 26, 1981No. 80-K-1519Published

1DissentLemmon, Justice

Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966), is clearly inap*1260plicable here. As the majority opinion points out, the deterrent purpose of the Miranda decision is not served by suppressing the statement under the circumstances of this case, and I agree the warnings mandated by Miranda and La.Const. art. 1, § 13 (1974) were not required in this case.

Nevertheless, this court historically has protected the privilege against self-incrimination of witnesses compelled to appear and testify before grand juries. See State v. Harrell, 228 La. 434, 82 So.2d 701 (La.1955); State…

2Cases cited6 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. State v. HarrellSupreme Court of Louisiana · 1955
  3. State v. SmallingSupreme Court of Louisiana · 1960
  4. State v. JemisonSupreme Court of Louisiana · 1960
  5. State v. WallaceSupreme Court of Louisiana · 1975

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