United States v. Charlie Tucker

In the opening sentence of its opinion in Dunaway v. New York, 442 U.S. 200, 202, 99 S.Ct. 2248, 2251, 60 L.Ed.2d 824 (1979),1 the Court said:

We decide in this case the question reserved 10 years ago in Morales v. New York, 396 U.S. 102, [90 S.Ct. 291, 24 L.Ed.2d 299] (1969), namely, “the ques*1014tion of the legality of custodial questioning on less than probable cause for a full-fledged arrest” id., at 106 [90 S.Ct. at 293].

My brothers decide the instant case as if the question “reserved” ten years ago had actually been decided. In so doing, they distort the purported justification for the…