Police Get 2nd Chance to Give Miranda Rule

WASHINGTON — The Supreme Court today created a minor exception to the Miranda warning, ruling that a police officer’s initial failure to advise a suspect of his rights does not necessarily invalidate a later confession.

The court, voting 6 to 3, overruled the Oregon Court of Appeals, which had thrown out the burglary conviction of Michael James Elstad on the ground that his confession was improperly introduced as evidence at his trial.

Today’s decision gives police officers a second chance to read rights and obtain a confession from a suspect if they failed to do so the first time around.

Justice Sandra Day O’Connor, writing for the majority, said there was no reason to exclude Elstad’s confession as long as it was made voluntarily and in the absence of force by police.

“A subsequent administration of Miranda warnings to a suspect who has given a voluntary but unwarned statement ordinarily should suffice to remove the conditions that precluded admission of the earlier statement.”