Miranda rights: because Shatzer experienced a break in
Miranda custody lasting more than two weeks between the first and second
attempts at interrogation, Edwards does not mandate suppression of his
2006 statements; Edwards created a presumption that once a suspect
invokes the Miranda right to the presence of counsel, any waiver of that
right in response to a subsequent police attempt at custodial interrogation is
involuntary; but where a suspect has been released from custody and returned to
his normal life for some time before the later attempted interrogation, there
is little reason to think that his change of heart has been coerced. Because
the Edwards presumption has been established by opinion of this Court,
it is appropriate for this Court to specify the period of release from custody
that will terminate its application. See County of Riverside v. McLaughlin,
500 U. S. 44. The Court concludes that the appropriate period is 14 days, which
provides ample time for the suspect to get reacclimated to his normal life,
consult with friends and counsel, and shake off any residual coercive effects
of prior custody.
(b) Shatzer’s release back into the general prison
population constitutes a break in Miranda custody. Lawful imprisonment
imposed upon conviction does not create the coercive pressures produced by
investigative custody that justify Edwards (U.S.S.Ct., 24.02.10, Maryland v. Shatzer, J. Scalia).