United States v. Howard T. Poole

I

The objection to the admission in evidence of the confessions of rape should have been sustained in my opinion. The court holds that “the defendant, after receiving valid Miranda warnings, knowingly and voluntarily waived his rights to remain silent and to counsel.” Assuming the waivers referred to, the confession itself is not for that reason voluntary — it is simply not inadmissible for non-compliance with Miranda. Furthermore, the Fifth Amendment privilege against compelled self-incrimination places the responsibility upon the appellate court to determine' independently whether undisputed…