What is the current state of the law on the right to compel a suspect to give a statement under the Miranda Rule?

"New York", United States of America

The following excerpt is from People v. Ferro, 482 N.Y.S.2d 237, 63 N.Y.2d 316 (N.Y. 1984):

Indeed, there is no rigid rule constituting "a blanket prohibition against the taking of voluntary statements or a permanent immunity from further interrogation, regardless of the circumstances, would transform the Miranda safeguards into wholly irrational obstacles to legitimate police investigative activity, and deprive suspects of an opportunity to make informed and intelligent assessments of their interests." (Michigan v. Mosley, 423 U.S., at p. 102, 96 S.Ct., at p. 325 Where, for example, as here, there is a mere disclosure of information to a suspect bearing on his prior decision to remain silent--i.e., the government's retrieving of the stolen goods--there is nothing in the Federal or State Constitution or case law barring that suspect from making an informed and voluntary reassessment of his decision and, thereafter, choosing to make a statement. (Id., at p. 102, 96 S.Ct., at p. 325; see, also, id., at pp. 109-111, 96 S.Ct., at pp. 329-330 [White, J., concurring].)

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