In Missouri v. Seibert, the Supreme Court prohibited law enforcement from employing a tactic known as the two-step interrogation. Two-step interrogations involve the questioning of a suspect while intentionally withholding the Miranda warnings, once the questioning elicits a confession, the suspect is warned and asked to repeat the now-admissible statement. The Seibert opinion created two potential tests for determining whether a two-step interrogation has occurred, like many circuits, the Seventh Circuit has applied these tests inconsistently. This Note summarizes the Supreme Court's decisions in Miranda and Seibert, examines the Seventh Circuit's application of Seibert, and advocates for the abandonment of the intent-based test espoused by Justice Kennedy in his concurring opinion.
Nicholas A. Betts,
Taking Two-Steps Around Miranda: Why the Seventh Circuit Should Abandon the Intent-Based Test,
Seventh Circuit Rev.
Available at: http://scholarship.kentlaw.iit.edu/seventhcircuitreview/vol8/iss1/5