United States v. Jarvis Clayborn -Western District of Tennessee at Memphis
Split Score
What is a Split Score?
This score (0-100) indicates how likely this case is to be reviewed by the Supreme Court based on:
Case Summary
Disposition
Affirmed
Jarvis Clayborn sought to suppress a post-Miranda confession obtained at a police station after officers had earlier questioned him in a patrol car without Miranda warnings. The Sixth Circuit held that the later statement was admissible because the three-hour gap, change in location, and different interrogator cured any taint, and it therefore affirmed the district court’s denial of Clayborn’s suppression motion.
Circuit Split Identified
Legal Issue
Which analytical test governs admissibility of a post-warning statement when officers use a two-step 'mid-stream Miranda' interrogation technique after Missouri v. Seibert (plurality test vs. Justice Kennedy concurrence test).
Circuit Positions
Apply Seibert plurality’s objective five-factor test (intent of officers irrelevant).
Apply Justice Kennedy’s intent-based test, suppressing statements only if two-step questioning was deliberate.
Conflict Summary
The Sixth Circuit applies the Seibert plurality’s objective, five-factor test that focuses on whether the mid-stream Miranda warning gave the suspect a real choice, regardless of police intent. At least eight other circuits apply Justice Kennedy’s narrower intent-based test and suppress post-warning statements only when officers deliberately employ the two-step technique to undermine Miranda.