Page:United States Reports, Volume 542.djvu/644

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Cite as: 542 U.S. 600 (2004)
605

Opinion of Souter, J.

without Miranda warnings for 30 to 40 minutes, squeezing her arm and repeating "Donald was also to die in his sleep." App. 59 (internal quotation marks omitted). After Seibert finally admitted she knew Donald was meant to die in the fire, she was given a 20 minute coffee and cigarette break. Officer Hanrahan then turned on a tape recorder, gave Seibert the Miranda warnings, and obtained a signed waiver of rights from her. He resumed the questioning with "Ok, 'trice, we've been talking for a little while about what happened on Wednesday the twelfth, haven't we?” App. 66, and confronted her with her prewarning statements:

  • Hanrahan: "Now, in discussion you told us, you told us that there was a[n] understanding about Donald."
  • Seibert: "Yes."
  • Hanrahan: "Did that take place earlier that morning?"
  • Seibert: "Yes."
  • Hanrahan: "And what was the understanding about Donald?"
  • Seibert: "If they could get him out of the trailer, to take him out of the trailer."
  • Hanrahan: "And if they couldn't?"
  • Seibert: "I, I never even thought about it. I just figured they would."
  • Hanrahan: "'Trice, didn't you tell me that he was supposed to die in his sleep?"
  • Seibert: "If that would happen, 'cause he was on that new medicine, you know. . . ."
  • Hanrahan: "The Prozac? And it makes him sleepy. So he was supposed to die in his sleep?"
  • Seibert: "Yes." Id., at 70.

After being charged with first degree murder for her role in Donald's death, Seibert sought to exclude both her prewarning and postwarning statements. At the suppression hearing, Officer Hanrahan testified that he made a "conscious