What effect would Miranda warnings have on the exclusionary rule of search and seizure?

California, United States of America


The following excerpt is from People v. Hirsch, 140 Cal.Rptr. 13, 71 Cal.App.3d 987 (Cal. App. 1977):

'If Miranda warnings, by themselves, were held to attenuate the taint of an unconstitutional arrest, regardless of how wanton and purposeful the Fourth Amendment violation, the effect of the exclusionary rule would be substantially diluted. See Davis v. Mississippi, 394 U.S. 721, 726--727, 89 S.Ct. 1394, 1397, 22 L.Ed.2d 676 (1969). Arrests made without warrant or without probable cause, for questioning or 'investigation,' would be encouraged by the knowledge that evidence derived therefrom could well be made admissible at trial by the simple expedient of giving Miranda warnings. Any incentive to avoid Fourth Amendment violations would be eviscerated by making the warnings, in effect, a 'cureall,' and the constitutional guarantee against unlawful searches and seizures could be said to be reduced to 'a form of words."

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