The Supreme Court recently ruled that there is a 14 day time limit to a defendant’s Miranda rights.
Scott Greenfield has written about it, as has Orin Kerr.
The court states that:
It seems to us that period is 14 days. That provides plenty of time for the suspect to get reacclimated to his normal life, to consult with friends and counsel, and to shake off any residual coercive effects of his prior custody.
Fourteen days. Fourteen days from a run-in with the police, accusing you of a crime. Fourteen days from being stuck in an interrogation room with angry cops. Should we assume that those fourteen days are a carefree time, full of laughter and gaiety? Are those two weeks a vacation from the stress and concern over the accusation?
I understand that the police practically require a bright-line rule when they’re in the field. I respect the difficulty in formulating such a rule. I seriously question whether this rule makes any sense whatsoever.