Moran v. Burbine
475 U.S. 412 (1986)
Author: DK

Facts: D was arrested for burglary and then police learned that D could be involved in some murder.  D’s sister retained an attorney and the attorney called the police station to inform detectives that she will represent D in any lineups or questioning.  Police informed attorney that they are done with D for the night.  Never informed D of the attorney’s presence.  But then questioned D and D voluntarily waived his Miranda rights and confessed to his murder.

Issue: Was D’s waiver of his Miranda rights valid?

Holding: Yes.

Reasoning: According to the court, the events which occurred outside the knowledge of D could not have any bearing of D’s ability to understand his rights and the consequences of waiving those rights.  Police trickery in this case, even though distasteful, is constitutional.  Only time police trickery invalid when such trickery interferes with D’s understanding of his rights or the consequences of D’s waiver of his rights.  Furthermore, Police state of mind is irrelevant.  Furthermore, requiring police to inform Ds of the presence of attorneys might add marginally to Miranda’s goal of dispelling the compulsion inherent in custodial interrogation, but overriding practical considerations counsel against its adoption.  Also, no due process violation because police conduct falls short of the kind of misbehavior that so shocks the sensibilities of civilized society as to warrant a federal intrusion into the criminal processes of the states.