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STATE v. SEIBERT

No. SC 84315.

93 S.W.3d 700 (2002)

STATE of Missouri, Respondent, v. Patrice SEIBERT, Appellant.

Supreme Court of Missouri, En Banc.

December 10, 2002.

Attorney(s) appearing for the Case

Amy M. Bartholow, Assistant State Public Defender, Columbia, for Appellee.

Jeremiah W. (Jay) Nixon, Atty. General, Shaun J. Mackelprang, Asst. Attorney General, Jefferson City, for Respondent.

MICHAEL A. WOLFF, Judge.

The question presented here is whether a law enforcement officer's intentional violation of Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966), in obtaining a statement requires suppression of a second statement, secured after a Miranda warning was given, where the second statement was based on the first. Essential to this inquiry is whether the presumption that the first statement...

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