Oregon v. Bradshaw
1983 United States Supreme Court case / From Wikipedia, the free encyclopedia
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Oregon v. Bradshaw, 462 U.S. 1039 (1983), applied the rule first announced in Edwards v. Arizona (1981) and clarified the manner in which a suspect may waive his right under Miranda v. Arizona (1966) to have counsel present during interrogation by the police.
Quick Facts Oregon v. Bradshaw, Argued March 28, 1983 Decided June 23, 1983 ...
Oregon v. Bradshaw | |
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Argued March 28, 1983 Decided June 23, 1983 | |
Full case name | State of Oregon v. James Edward Bradshaw |
Citations | 462 U.S. 1039 (more) 103 S. Ct. 2830; 77 L. Ed. 2d 405 |
Case history | |
Prior | Conviction reversed by the Oregon Court of Appeals, 636 P.2d 1011 (Or. Ct. App. 1981), cert. granted, 459 U.S. 966 (1982) |
Holding | |
Once a suspect invokes his rights under Miranda v. Arizona, the police may not initiate questioning until the suspect has an attorney present or voluntarily approaches the police with further questions beyond a "necessary inquiry arising out of the incidents of the custodial relationship." | |
Court membership | |
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Case opinions | |
Plurality | Rehnquist, joined by Burger, White, O'Connor |
Concurrence | Powell |
Dissent | Marshall, joined by Brennan, Blackmun, Stevens |
Laws applied | |
U.S. Const. amend. V |
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