Page:United States Reports, Volume 542.djvu/668

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Cite as: 542 U.S. 600 (2004)
629

O'Connor, J., dissenting

told a suspect that his accomplice had already confessed was "relevant" to the voluntariness inquiry); Moran, 475 U.S., at 423–424 (in discussing police deception, stating that simply withholding information is "relevant to the constitutional validity of a waiver if it deprives a defendant of knowledge essential to his ability to understand the nature of his rights and the consequences of abandoning them"); Miranda, supra, at 476.

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Because I believe that the plurality gives insufficient deference to Elstad and that Justice Kennedy places improper weight on subjective intent, I respectfully dissent.