Judge Invites Supreme Court to Further Erode Miranda Warnings

Welcome back to another edition of Opening Argument, a reported column where I dig into complicated novel questions of law and unpack disputes that are dividing appeals courts. Today: A look at how lower courts are applying the Supreme Court’s latest ruling on Miranda warnings.

Police officers are supposed to warn during an arrest that you have the right to remain silent.

But what if that warning wasn’t given, and it’s not clear if you were actually in police custody when the questioning started? Do judges in those situations have to look at the costs and benefits of allowing self-incriminating ...