San Diego Law Review

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On January 31, 1976, Ernesto Miranda was stabbed to death in a Phoenix bar. As the life drained from Miranda, the lifeblood was also being drawn from the doctrine that bears his name. Only ten years after its rendition in 1966, the foundations of Miranda v. Arizona are being undermined by the Burger Court. The latest of these attacks is Michigan v. Mosley. Mosley addresses the question of when a government official may re-interrogate a suspect who has exercised his constitutional right to remain silent. This Recent Development will first highlight the Miranda line of authority that culminates in Michigan v. Mosley. Then the Article will present a more detailed analysis of the Mosley opinion, emphasizing the various procedural safeguards developed to protect an accused in a re-interrogation situation. This analysis will provide a foundation for a critical evaluation of the Mosley decision-its general effect on re-questioning and its inconsistency with the dictates of Miranda. Finally, this Article will examine the future of the Miranda decision.

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