Open main menu

Orozco v. Texas/Concurrence Harlan

Court Documents
Case Syllabus
Opinion of the Court
Concurring Opinion
Dissenting Opinion

United States Supreme Court

394 U.S. 324

Orozco  v.  Texas

 Argued: Feb. 26, 1969. --- Decided: March 25, 1969

Mr. Justice HARLAN, concurring.

The passage of time has not made the Miranda case any more palatable to me than it was when the case was decided. See my dissenting opinion, and that of Mr. Justice White, in Miranda v. Arizona, 384 U.S. 436, 504, 526, 86 S.Ct. 1602, 16 L.Ed.2d 694, 10 A.L.R.3d 974 (1966).

Yet, despite my strong inclination to join in the dissent of my Brother WHITE, Ican find no acceptable avenue of escape from Miranda in judging this case, especially in light of Mathis v. United States, 391 U.S. 1, 88 S.Ct. 1503, 20 L.Ed.2d 381 (1968), which has already extended the Miranda rules beyond the police station, over the protest of Justices Stewart, White, and myself, id., at 5-8, 88 S.Ct. 1503. Therefore, and purely out of respect for stare decisis, I reluctantly feel compelled to acquiesce in today's decision of the Court, at the same time observing that the constitutional condemnation of this perfectly understandable, sensible, proper, and indeed commendable piece of police work highlights the unsoundness of Miranda.

Mr. Justice WHITE, with whom Mr. Justice STEWART joins, dissenting.


This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).