Fare v. Michael C.
United States Supreme Court
442 U.S. 707 (1979)
- Written by Mary Katherine Cunningham, JD
Facts
After receiving information implicating Michael C. (defendant) in a murder, the police brought Michael in for questioning. At the time, Michael was a 16-year-old on probation. The police began the interrogation by informing Michael of his rights under Miranda v. Arizona, 384 U.S. 436 (1966). Michael asked whether he could have his probation officer present during the interrogation, but the police officers refused to call his parole officer. Michael subsequently incriminated himself in the interrogation, and the State of California (plaintiff) charged Michael with murder. At trial, Michael moved to suppress the statements made during the interrogation. The trial court denied the motion, and Michael appealed to the California Supreme Court. The California Supreme Court reversed, holding that because the probation officer would act to protect Michael’s Fifth Amendment rights, the police’s refusal to call the probation officer violated Miranda. The state appealed to the United States Supreme Court.
Rule of Law
Issue
Holding and Reasoning (Blackmun, J.)
Dissent (Marshall, J.)
Dissent (Powell, J.)
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