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Criminal Procedure Keyed to Ohlin
Missouri v. Seibert
Citation:
542 U.S. 600 (2004)Facts
Respondent Patrice Seibert’s 12-year-old son Jonathan had cerebral palsy, and when he died in his sleep she feared charges of neglect because of bedsores on his body. In her presence, two of her teenage sons and two of their friends devised a plan to conceal the facts surrounding Jonathan’s death by incinerating his body in the course of burning the family’s mobile home, in which they planned to leave Donald Rector, a mentally ill teenager living with the family, to avoid any appearance that Jonathan had been unattended. Donald died in the fire. Five days later, the police arrested Dorian and brought to the police station, where he questioned her without Miranda warnings for 40 minutes, squeezing her arm and repeating Donald was also to die in his sleep. After Seibert finally admitted that she knew Donald was meant to die in the fire, she was given a 20-minute break. The officer then turned on a tape recorder, gave Seibert the Miranda warnings and obtained a signed waiver of rights from her. Seibert sought to exclude both her pre-warning and post-warning statements.
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