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Fare v. Michael C.

United States Supreme Court

442 U.S. 707 (1979)

Facts

After receiving information implicating him in a murder, the police brought Michael C. (defendant) in for questioning. At the time, Michael C. was a 16-year-old on probation. The police began the interrogation by informing Michael C. of his rights under Miranda v. Arizona, 384 U.S. 436 (1966). Michael C. asked whether he could have his probation officer present during the interrogation, but the police officers refused to call his parole officer. Michael C. subsequently incriminated himself in the interrogation, and the State of California (plaintiff) charged Michael C. with murder. At trial, Michael C. moved to suppress the statements made during the interrogation. The trial court denied the motion, and Michael C. appealed to the California Supreme Court. The California Supreme Court reversed, holding that because the probation officer would act to protect Michael C’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

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Issue

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Holding and Reasoning (Blackmun, J.)

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Dissent (Powell, J.)

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Dissent (Marshall, J.)

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