Failure to provide Miranda warnings does not require the suppression of physical evidence obtained as a result of a suspect's voluntary, unwarned statements.
After a suspect provided the location of a firearm following a partial Miranda warning, the government sought to admit the seized weapon as evidence. The question presented is whether the failure to provide full Miranda warnings requires the suppression of the physical fruits of a suspect's voluntary, unwarned statements. The Court holds that the Miranda rule is a prophylactic measure designed to protect the Self-Incrimination Clause, which prohibits compelled testimonial evidence. Because the admission of nontestimonial physical evidence does not implicate the Self-Incrimination Clause, the fruit of the poisonous tree doctrine does not apply to mere failures to warn.
At page 641 Failure to give miranda warnings does not violate rights56 citing cases“potential violations occur, if at all, only upon the admission of unwarned statements into evidence at trial.”
- Chambers, No. 3:25-cv-01418 (N.D. Ohio Apr. 1, 2026).(Potential [Miranda] violations occur, if at all, only upon the admission of unwarned statements into evidence at trial.)
- Franklin v. Manchester Police Dep't, No. 3:24-cv-01638 (D. Conn. Aug. 25, 2025).(A police officer’s failure to read Miranda warnings to an individual does not violate such individual’s constitutional rights.)
- Simmons v. Gierach, No. 2:24-cv-00796 (E.D. Wis. Nov. 8, 2024).(Potential violations occur, if at all, only upon the admission of unwarned statements into evidence at trial.)
- United States v. Toriono Burton, 828 F. App'x 290 (6th Cir. 2020).unpublished Patane, 542 U.S. at 634 (plurality op.) (“[T]he Miranda rule protects against violations of the Self-Incrimination Clause, which, in turn, is not implicated by the introduction at trial of physical evidence resulting from voluntary stateme…
- People in the Interest of B.D, 2019 COA 57.published([F]ailure to give a defendant a Miranda warning does not require suppression of physical fruits of the suspect’s unwarned but voluntary statements.)
- United States v. Pritchette, 219 F. Supp. 3d 379 (S.D.N.Y. 2016).published See, e.g., United States v. Patane, 542 U.S. 630, 637 , 124 S.Ct. 2620 , 159 L.Ed.2d 667 (2004) (“[T]he core protection afforded by the Self-Incrimination Clause is a prohibition on compelling a criminal defendant to testify against himsel…
- United States v. Self, 100 F. Supp. 3d 773 (D. Ariz. 2015).published (Potential violations [of the Miranda rule] occur, if at all, only upon the admission of unwarned statements into evidence at trial.)
- United States v. Amador Magallon Guerrero, 168 F.4th 454 (6th Cir. 2026).published Patane, 542 U.S. at 641-42; Elstad, 470 U.S. 306-09 (collecting authority).
- State of Tennessee v. Ambreia Washington, No. W2022-01201-SC-R11-CD (Tenn. Oct. 8, 2025).published State v. Climer, 400 S.W.3d 537, 567 (Tenn. 2013) (citing United States v. Patane, 542 U.S. 630, 634 (2004) (plurality opinion); Patane, 542 U.S. at 645 (Kennedy, J., concurring)).
- Brett T. Duffy v. the Absecon Police Dep't, No. A-1453-23 (N.J. Super. Ct. App. Div. July 30, 2025).unpublishedSuper. 377 , 386 (App. Div. 2020) ("Because the [Miranda] violation occurs 'only upon the admission of unwarned statements into evidence at trial,' '[t]he exclusion of unwarned statements . . . is a complete and sufficient remedy for any p…
Show 44 more citing cases
- United States v. Steven George Morgan, No. 23-11114 (11th Cir. July 11, 2025).published In Miranda, the USCA11 Case: 23-11114 Document: 71-1 Date Filed: 07/11/2025 Page: 10 of 59 Supreme Court announced “a prophylactic [rule] to protect against violations of the Self-Incrimination Clause.” United States v. Patane, 542 U.S. 63…
- Com. v. Stauffenberg, D., 318 A.3d 399, 2024 PA Super 131 (Pa. Super. Ct. 2024).publishedThere is therefore no reason to apply the fruit of the poisonous tree doctrine[.] Patane, 542 U.S. at 641-42 (quotations, citations, and ellipsis omitted).
- People v. Gosselin, 205 P.3d 456 (Colo. Ct. App. 2008).published
- Martz v. Simmons, No. 4:18-cv-04040 (W.D. Ark. May 14, 2019).
- Ogunsula v. Warrenfeltz, No. 1:20-cv-02568 (D. Md. Dec. 23, 2021).
- United States v. Ross, 113 F. App'x 884 (10th Cir. 2004).unpublished
- People of Michigan v. Jason Scott Campbell, No. 344078 (Mich. Ct. App. July 23, 2019).published
- Brown v. State, 663 S.E.2d 749 (Ga. Ct. App. 2008).published
- State v. Knapp, 2005 WI 127, 700 N.W.2d 899.published
- United States v. Coulter, 41 F.4th 451 (5th Cir. 2022).published
- United States v. McCallum, 885 F. Supp. 2d 105 (D.D.C. 2012).published
- Lane v. Clarke, No. 3:19-cv-00948 (E.D. Va. Feb. 22, 2021).
- United States v. Khan Mohammed, 693 F.3d 192 (D.C. Cir. 2012).published
- United States v. Khan Mohammed, No. 09-3001 (D.C. Cir. Sept. 21, 2012).published
- P. v. Alford, No. H036961 (Cal. Ct. App. Mar. 28, 2013).unpublished
- State v. Verdugo, 164 P.3d 966 (N.M. Ct. App. 2007).published
- State of Tennessee v. Thomas William Brown, No. M2013-02327-CCA-R3-CD (Tenn. Crim. App. Feb. 3, 2015).published
- State of Tennessee v. Thomas William Brown, No. M2013-02327-CCA-R3-CD (Tenn. Crim. App. Feb. 4, 2015).published
- State v. Delong, 350 P.3d 433 (Or. 2015).published
- United States v. Mario Wilchcombe, 838 F.3d 1179 (11th Cir. 2016).published
- State of Tennessee v. Mario Hubbard, No. W2016-01521-CCA-R3-CD (Tenn. Crim. App. June 7, 2017).published
- State of New Jersey Vs. John G. Hager (14-07-0678, Gloucester Cnty. & Statewide), No. A-2568-17T4 (N.J. Super. Ct. App. Div. Feb. 19, 2020).unpublished
- Vega v. Tekoh, 597 U.S. 134 (2022).published
- Pueblo v. Millán Pacheco, 168 P.R. Dec. 350 (2011).published
- State v. Uptain, 2023 UT App 149, 541 P.3d 310.published
- Grimes 236814 v. Penzone, No. 2:20-cv-01098 (D. Ariz. Mar. 5, 2024).
- Crawford v. Brookhart, No. 1:19-cv-04949 (N.D. Ill. Oct. 1, 2021).
- Keeling v. Hartman, No. 5:21-cv-00057, 2022 WL 855289 (W.D. Ky. Mar. 22, 2022).
- French v. Merrill, No. 1:18-cv-00073 (D. Me. June 4, 2020).
- Ingram v. United States, No. 3:15-cv-00553 (W.D.N.C. Aug. 28, 2019).
- Ledford v. Trooper J. Adams, No. 2:21-cv-00390 (S.D. Ohio Apr. 19, 2021).
- Matthews v. Mears (INMATE 2), No. 2:21-cv-00412 (M.D. Ala. June 30, 2021).
- Yang v. Oklahoma State Bureau of Narcotics & Dangerous Drugs Control, No. 5:24-cv-01067 (W.D. Okla. June 2, 2025).
- Darryl Tyrone Dozier, Jr. v. Commonwealth of Virginia, No. 0812071 (Va. Ct. App. July 15, 2008).unpublished
- Leroy Stevenson, Jr. v. Commonwealth, No. 1210051 (Va. Ct. App. May 30, 2006).unpublished
- Montgomery v. Bagley, 482 F. Supp. 2d 919 (N.D. Ohio 2007).published
- Baez v. Duggan, No. 4:17-cv-40109 (D. Mass. Apr. 8, 2020).
- Coleman-fuller v. State, 995 A.2d 985 (Md. Ct. Spec. App. 2010).published
- United States v. Olivarria, 781 F. Supp. 2d 387 (N.D. Miss. 2011).published
- United States v. Reynolds, 334 F. Supp. 2d 909 (W.D. Va. 2004).published
- People v. Davis, 115 P.3d 417 (Cal. 2005).published
- United States v. Paul Hilton, 625 F. App'x 754 (6th Cir. 2015).unpublished
- State v. Farris, 109 Ohio St. 3d 519 (Ohio 2006).published
- 20220929_C355482_61_355482.Opn.Pdf, No. 20220929 (Mich. Ct. App. Sept. 29, 2022).unpublished
At page 636 Miranda rule as a prophylactic against self-incrimination53 citing cases[T]he Miranda rule is a prophylactic employed to protect against violations of the Self-Incrimination Clause.
- United States v. Toriono Burton, 828 F. App'x 290 (6th Cir. 2020).unpublished Patane, 542 U.S. at 634 (plurality op.) (“[T]he Miranda rule protects against violations of the Self-Incrimination Clause, which, in turn, is not implicated by the introduction at trial of physical evidence resulting from voluntary stateme…
- Van Hook v. Anderson, No. 03-4207 (6th Cir. May 24, 2007).published([T]he Miranda rule is a prophylactic employed to protect against violations of the Self-Incrimination Clause.)
- People of Michigan v. Tommie Wesley Miller Jr, No. 353843 (Mich. Ct. App. July 29, 2021).unpublished “the self- incrimination clause . . . is not implicated by the admission into evidence of the physical fruit of a voluntary statement.”
- State v. Austin, 714 S.E.2d 671 (Ga. Ct. App. 2011).published “the self-incrimination clause . . . is not implicated by the admission into evidence of the physical fruit of a voluntary statement.”
- Delatorre v. State, 903 N.E.2d 506 (Ind. Ct. App. 2009).published “the self-incrimination clause ... is not implicated by the admission into evidence of the physical fruit of a voluntary statement. accordingly, there is no justification for extending the miranda rule to this context.”
- Robert J. Van Hook v. Carl S. Anderson, Warden, 488 F.3d 411 (6th Cir. 2007).published “the miranda rule is a prophylactic employed to protect against violations of the self-incrimination clause.”
- Hilliard v. Commonwealth, 601 S.E.2d 652 (Va. Ct. App. 2004).published “tjhe miranda rule is a prophylactic employed to protect against violations of the self-incrimination clause.”
- Commonwealth of Virginia v. Phillip Graham, No. 2145251 (Va. Ct. App. Apr. 28, 2026).unpublishedAffirmed in part, reversed in part, and remanded. 4 Even if the physical evidence were the fruits of the suppressed statement, a violation of the prophylactic Miranda rule does not by itself warrant the suppression “of the physical fruit[s…
- Calonge v. United States, No. 1:24-cv-08988 (S.D.N.Y. July 29, 2025).It is well settled that “the Miranda rule is a prophylactic employed to protect against violations of the Self–Incrimination Clause.” United States v. Patane, 542 U.S. 630, 636 (2004) (plurality opinion) (discussing Miranda v. Arizona, 384…
- United States v. Steven George Morgan, No. 23-11114 (11th Cir. July 11, 2025).published In Miranda, the USCA11 Case: 23-11114 Document: 71-1 Date Filed: 07/11/2025 Page: 10 of 59 Supreme Court announced “a prophylactic [rule] to protect against violations of the Self-Incrimination Clause.” United States v. Patane, 542 U.S. 63…
Show 43 more citing cases
- State of New Jersey v. Franck A. Amang, No. A-3406-22 (N.J. Super. Ct. App. Div. Mar. 31, 2025).unpublished Accordingly, A-3406-22 26 there is no justification for extending the Miranda rule to this context. [ 542 U.S. 630, 636-37 (2004).] In the matter before us, we conclude that the consent search was unlawful, but not because the police reque…
- People of the Virgin Islands v. Thomas, 2025 V.I. 9 (2025).publishedIncrimination Clause is a prohibition on compelling a criminal defendant to testify People v. Thomas 2025 VI9 S. Ct, Crim. No. 2023-0017 Opinion of the Court against himself at trial The Clause cannot be violated by the introduction of non…
- State of Iowa v. Shatani D. Buck Jr., No. 23-0843 (Iowa Ct. App. Sept. 4, 2024).publishedAdditionally, the protection against self- incrimination “is not implicated by the admission into evidence of the physical fruit of a voluntary statement.” United States v. Patane, 542 U.S. 630, 636 (2004); see also State v. Decker, 744 N.…
- State v. Morrisey, 2009 MT 201, 214 P.3d 708.published
- United States v. Nichols, No. 04-5020 (4th Cir. Feb. 28, 2006).published
- Welch v. Commonwealth, 149 S.W.3d 407 (Ky. 2004).published
- in the Matter of H v., No. 02-04-00029-CV (Tex. App.—Fort Worth Nov. 17, 2005).published
- Commonwealth v. Santiago, 980 A.2d 659 (Pa. Super. Ct. 2009).published
- Terence Tekoh v. Cnty. of Los Angeles, 997 F.3d 1260 (9th Cir. 2021).published
- United States v. Ray, No. 18-6227 (10th Cir. Jan. 13, 2020).unpublished
- United States v. Chavez, 985 F.3d 1234 (10th Cir. 2021).published
- United States v. Jackson, 506 F.3d 1358 (11th Cir. 2007).published
- State v. Misty Marie Buhler (Idaho Ct. App. 2012).unpublished
- State v. Delaoz, 2010 VT 65, 22 A.3d 388.published
- Commonwealth of Virginia v. Detrick Latorre Hairston, No. 0091103 (Va. Ct. App. Aug. 17, 2010).unpublished
- Brown v. State, 663 S.E.2d 749 (Ga. Ct. App. 2008).published
- In Re H.V., 179 S.W.3d 746 (Tex. App.—Fort Worth 2005).published
- State v. Knapp, 2005 WI 127, 700 N.W.2d 899.published
- Newell v. State, 893 N.E.2d 781 (Ind. Ct. App. 2008).published
- People v. Johnson, 183 Cal. App. 4th 253 (Cal. Ct. App. 2010).published
- United States v. Hicks, 546 F. Supp. 2d 1378 (N.D. Ga. 2008).published
- State v. Schultz, 212 P.3d 150 (Kan. 2009).published
- State of Iowa v. Jamerious Lanier Smith, No. 13-0993 (Iowa Ct. App. July 16, 2014).published
- State of Delaware v. Wright., No. 91004136DI (Del. Super. Ct. Feb. 2, 2015).published
- People of Michigan v. Ali Zaid, No. 320197 (Mich. Ct. App. May 26, 2015).unpublished
- State v. Stiefel, No. 1 CA-CR 14-0532 (Ariz. Ct. App. Sept. 10, 2015).unpublished
- United States v. Trinidad Villa-Gonzalez, No. 09-1764 (8th Cir. Nov. 1, 2010).published
- State of New Jersey Vs. Richard a. Bijacsko (16-09-0860, Burlington Cnty. & Statewide), No. A-1521-17T3 (N.J. Super. Ct. App. Div. July 3, 2019).unpublished
- United States v. Specialist BRANDON L. DEASON, No. ARMY 20150674 (A.C.C.A. Jan. 25, 2019).unpublished
- United States v. Giles, 496 F. Supp. 3d 21 (D.D.C. 2020).published
- State of New Jersey Vs. Chais K. Hill (15-09-2161 & 17-05-0968, Atl. Cnty. & Statewide), No. A-1244-18 (N.J. Super. Ct. App. Div. June 23, 2021).unpublished
- United States v. Robert Caesar, 2 F.4th 160 (3d Cir. 2021).published
- State v. Goddard, 2021 UT App 124, 501 P.3d 1188.published
- United States v. Coulter, 41 F.4th 451 (5th Cir. 2022).published
- Williams v. United States, No. 20-FM-51 (D.C. Sept. 29, 2022).published
- United States v. Muhammad, 250 F. App'x 208 (9th Cir. 2007).unpublished
- United States v. Gooch, 915 F. Supp. 2d 690 (W.D. Pa. 2012).published
- Preston John Thomas Hamlin v. Commonwealth of Virginia, No. 0441232 (Va. Ct. App. May 14, 2024).unpublished
- Thomas (ID 105303) v. Langford, No. 5:22-cv-03121 (D. Kan. June 20, 2023).
- Wilson v. Richmond Heights Police Dep't, No. 4:21-cv-01302 (E.D. Mo. Jan. 21, 2022).
- Craig v. Plumb, No. 4:22-cv-00784 (E.D. Mo. Oct. 7, 2022).
- Phillips v. Rice, No. 4:23-cv-00825 (E.D. Mo. Sept. 6, 2023).
- Sanders v. United States, 330 A.3d 1013 (D.C. 2025).published
At page 634 Determining admissibility of physical fruits of voluntary statements27 citing casesholding that nontestimonial physical evidence need not be suppressed under Miranda because it "does not implicate the Self-Incrimination Clause
- United States v. Billy Mitchell, No. 20-6208 (6th Cir. Oct. 7, 2021).unpublished Id. at 634 (plurality op.) (“[T]he Miranda rule protects against violations of the Self-Incrimination Clause, which, in turn, is not implicated by the introduction at trial of physical evidence resulting from voluntary statements. . . .”);…
- United States v. Toriono Burton, 828 F. App'x 290 (6th Cir. 2020).unpublished Patane, 542 U.S. at 634 (plurality op.) (“[T]he Miranda rule protects against violations of the Self-Incrimination Clause, which, in turn, is not implicated by the introduction at trial of physical evidence resulting from voluntary stateme…
- State of Tennessee v. Ambreia Washington, No. W2022-01201-SC-R11-CD (Tenn. Oct. 8, 2025).published State v. Climer, 400 S.W.3d 537, 567 (Tenn. 2013) (citing United States v. Patane, 542 U.S. 630, 634 (2004) (plurality opinion); Patane, 542 U.S. at 645 (Kennedy, J., concurring)).
- Brevard v. McCarthy, No. 1:21-cv-04549 (E.D.N.Y Mar. 18, 2025).(holding that nontestimonial physical evidence need not be suppressed under Miranda because it "does not implicate the Self-Incrimination Clause)
- United States v. Marietta Terabelian, 105 F.4th 1207 (9th Cir. 2024).publishedUnited States v. Patane, 542 U.S. 630, 634 (2004).
- United States v. Jackson, 544 F.3d 351 (1st Cir. 2008).published
- Commonwealth of Virginia v. Shannon Smith Mitchell, No. 0741133 (Va. Ct. App. Sept. 10, 2013).unpublished
- Xavier Jammal Pinckney v. Commonwealth of Virginia, No. 0902104 (Va. Ct. App. Feb. 28, 2012).unpublished
- Lester O'Neil Woodruff v. Commonwealth of Virginia, No. 1178093 (Va. Ct. App. Nov. 9, 2010).unpublished
- Gerald Eugene Kiser v. Commonwealth, No. 2189053 (Va. Ct. App. Dec. 28, 2006).unpublished
Show 17 more citing cases
- in Re Pedro P. Lucio, No. 03-09-00552-CV (Tex. App.—Austin Oct. 29, 2009).unpublished
- Augustine Salazar v. State, No. 03-08-00164-CR (Tex. App.—Austin Oct. 29, 2009).unpublished
- United States v. Sweets, 526 F.3d 122 (4th Cir. 2007).published
- United States v. Joseph Hallford, 816 F.3d 850 (D.C. Cir. 2016).published
- Curtis Woodruff v. State, No. 07-14-00339-CR (Tex. App.—Amarillo July 14, 2015).published
- United States v. Mitchell, 76 M.J. 413 (C.A.A.F. 2017).published
- West v. Bryant, No. 18-6059 (10th Cir. Feb. 7, 2019).unpublished
- People of Michigan v. Jason Scott Campbell, No. 344078 (Mich. Ct. App. July 23, 2019).published
- People of Michigan v. Jose Nino, No. 344364 (Mich. Ct. App. Nov. 21, 2019).unpublished
- United States v. Ray, No. 18-6227 (10th Cir. Jan. 13, 2020).unpublished
- United States v. Chavez, 985 F.3d 1234 (10th Cir. 2021).published
- United States v. Julian Mora-Alcaraz, 986 F.3d 1151 (9th Cir. 2021).published
- Mattox v. State, 267 P.3d 746 (Kan. 2011).published
- United States v. Gonzales, No. 21-2099 (10th Cir. Dec. 16, 2022).unpublished
- United States v. Travis Lester, 98 F.4th 768 (6th Cir. 2024).published
- Walsh v. Metzger, No. 1:19-cv-00589 (D. Del. Feb. 3, 2023).
- State v. Timothy C. McMahon, No. 2024AP002518-CR (Wis. Ct. App. Feb. 19, 2026).unpublished
At page 645 Admissibility of nontestimonial physical fruits under the Fifth Amendment27 citing casesAdmission of nontestimonial physical fruits . . . does not run the risk of admitting into trial an accused’s coerced incriminating statements against himself.
- United States v. Billy Mitchell, No. 20-6208 (6th Cir. Oct. 7, 2021).unpublished (Admission of nontestimonial physical fruits . . . does not run the risk of admitting into trial an accused’s coerced incriminating statements against himself.)
- United States v. Toriono Burton, 828 F. App'x 290 (6th Cir. 2020).unpublished (Admission of nontestimonial physical fruits . . . does not run the risk of admitting into trial an accused’s coerced incriminating statements against himself.)
- State of Tennessee v. Ambreia Washington, No. W2022-01201-SC-R11-CD (Tenn. Oct. 8, 2025).published See United States v. Patane, 542 U.S. 630 , 642–44 (2004) (plurality opinion); id. at 645 (Kennedy, J., concurring); cf. State v. Walton, 41 S.W.3d 75, 92 (Tenn. 2001).
- United States v. Steven George Morgan, No. 23-11114 (11th Cir. July 11, 2025).published In Miranda, the USCA11 Case: 23-11114 Document: 71-1 Date Filed: 07/11/2025 Page: 10 of 59 Supreme Court announced “a prophylactic [rule] to protect against violations of the Self-Incrimination Clause.” United States v. Patane, 542 U.S. 63…
- United States v. Nichols, No. 04-5020 (4th Cir. Feb. 28, 2006).published
- People v. Gosselin, 205 P.3d 456 (Colo. Ct. App. 2008).published
- United States v. Ross, 113 F. App'x 884 (10th Cir. 2004).unpublished
- Skjervem v. State, 215 P.3d 1101 (Alaska Ct. App. 2009).published
- in Re Pedro P. Lucio, No. 03-09-00552-CV (Tex. App.—Austin Oct. 29, 2009).unpublished
- Augustine Salazar v. State, No. 03-08-00164-CR (Tex. App.—Austin Oct. 29, 2009).unpublished
Show 16 more citing cases
- United States v. Gonzales, No. 21-2099 (10th Cir. Dec. 16, 2022).unpublished
- United States v. Travis Lester, 98 F.4th 768 (6th Cir. 2024).published
- Walsh v. Metzger, No. 1:19-cv-00589 (D. Del. Feb. 3, 2023).
- State v. Brian L. Halverson, 2021 WI 7, 953 N.W.2d 847.published
- United States v. Jackson, 506 F.3d 1358 (11th Cir. 2007).published
- State v. Knapp, 2005 WI 127, 700 N.W.2d 899.published
- United States v. Trinidad Villa-Gonzalez, No. 09-1764 (8th Cir. Nov. 1, 2010).published
- United States v. Giles, 496 F. Supp. 3d 21 (D.D.C. 2020).published
- Jones v. United States, No. 4:19-cv-04018 (C.D. Ill. Feb. 17, 2021).
- United States v. Morse, 569 F.3d 882 (8th Cir. 2009).published
- In the Matter of J.T.M., a Juv., 441 S.W.3d 455 (Tex. App.—El Paso 2014).published
- Com. v. Bishop, S., No. 1193 EDA 2016 (Pa. Super. Ct. June 18, 2018).unpublished
- Com. v. McBrearty, R., No. 1416 EDA 2017 (Pa. Super. Ct. June 26, 2018).unpublished
- State v. Forbush, 2011 WI 25, 796 N.W.2d 741.published
- Commonwealth v. Martin, 18 Mass. L. Rptr. 353 (Mass. Super. Ct. 2004).published
- State v. Downing, No. S26A0965 (Ga. June 16, 2026).published
At page 637 Defining the scope of the self-incrimination clause23 citing cases“the core protection afforded by the self-incrimination clause is a prohibition on compelling a criminal defendant to testify against himself at trial.”
- United States v. Guia-Lopez, No. 22-50234 (5th Cir. Aug. 15, 2023).unpublished See Patane, 542 U.S. at 642; see also id. at 631 (“[T]he [Self-Incrimination] Clause contains its own exclusionary rule that automatically protects those subjected to coercive police interrogations from the use of their involuntary stateme…
- United States v. Billy Mitchell, No. 20-6208 (6th Cir. Oct. 7, 2021).unpublished Id. at 634 (plurality op.) (“[T]he Miranda rule protects against violations of the Self-Incrimination Clause, which, in turn, is not implicated by the introduction at trial of physical evidence resulting from voluntary statements. . . .”);…
- United States v. Toriono Burton, 828 F. App'x 290 (6th Cir. 2020).unpublished Patane, 542 U.S. at 634 (plurality op.) (“[T]he Miranda rule protects against violations of the Self-Incrimination Clause, which, in turn, is not implicated by the introduction at trial of physical evidence resulting from voluntary stateme…
- State of Iowa v. Thaddeus John Ellenbecker, No. 15-0726 (Iowa Ct. App. June 15, 2016).published (The [Self-Incrimination] Clause cannot be violated by the introduction of nontestimonial evidence obtained as a result of voluntary statements.)
- United States v. Pritchette, 219 F. Supp. 3d 379 (S.D.N.Y. 2016).published ([T]he core protection afforded by the Self-Incrimination Clause is a prohibition on compelling a criminal defendant to testify against himself at trial.)
- United States v. $107,840.00 in U.S. Currency, 784 F. Supp. 2d 1109 (S.D. Iowa 2011).published “the self-incrimination clause cannot be violated by the introduction of nontestimonial evidence obtained as a result of voluntary statements.”
- Stevens v. Elsman, No. 1:25-cv-00271 (W.D. Mich. Mar. 17, 2025).Second, he fails to allege a violation of his right against self-incrimination. “[T]he core protection afforded by the [Fifth Amendment’s] Self–Incrimination Clause is a prohibition on compelling a criminal defendant to testify against him…
- Gerald Eugene Kiser v. Commonwealth, No. 2189053 (Va. Ct. App. Dec. 28, 2006).unpublished
- Newell v. State, 893 N.E.2d 781 (Ind. Ct. App. 2008).published
- State of Delaware v. Wright., No. 91004136DI (Del. Super. Ct. Feb. 2, 2015).published
Show 13 more citing cases
- United States v. Heilman, 377 F. App'x 157 (3d Cir. 2010).unpublished
- Salinas v. Texas, No. 12-246 (U.S. June 17, 2013).published
- People v. Davis, 208 P.3d 78 (Cal. 2009).published
- United States v. Gonzalez, 719 F. Supp. 2d 167 (D. Mass. 2010).published
- United States v. McCallum, 885 F. Supp. 2d 105 (D.D.C. 2012).published
- Nguyen v. Garcia, No. 05-56596 (9th Cir. Feb. 8, 2007).published
- Ramirez (Roberto) v. State, No. 73074 (Nev. May 31, 2019).unpublished
- Matthew Tyler Pollard v. State of Florida, 287 So. 3d 649 (Fla. 1st DCA 2019).published
- Commonwealth v. Woodbine, 964 N.E.2d 956 (Mass. 2012).published
- United States v. Raymond, No. 2021-0380 (D.D.C. Oct. 24, 2023).published
- Mark R. Frisby v. The State of California Dep't of Just., No. 5:19-cv-01249 (C.D. Cal. Dec. 9, 2019).
- Lane v. Clarke, No. 3:19-cv-00948 (E.D. Va. Feb. 22, 2021).
- Paino Manuel Alvarez-Perdomo v. State of Alaska, 454 P.3d 998 (Alaska 2019).published
At page 639 Presumption of coercion in custodial interrogation22 citing casesexplaining that unwarned custodial interrogations carry a “presumption of coercion
- Mansfield v. State, No. S26A1122 (Ga. June 16, 2026).published([S]tatements taken without Miranda warnings 6 (though not actually compelled) can be used to impeach a defendant’s testimony at trial.)
- United States v. Rajeri Curry, 158 F.4th 153 (3d Cir. 2025).published United States v. Patane, 542 U.S. 630, 640 (2004) (plurality opinion).
- Riley v. State, No. 1568/23 (Md. Ct. Spec. App. Aug. 27, 2025).publishedThis prophylactic rule “sweep[s] beyond the actual protections of the Self- Incrimination Clause.” United States v. Patane, 542 U.S. 630, 639 (2004).
- United States v. Sweets, 526 F.3d 122 (4th Cir. 2007).published
- In the Interest of: J.L.H. Juv. Officer v. J.L.H., 488 S.W.3d 689 (Mo. Ct. App. 2016).published
- United States v. Glover, No. 06-5029 (10th Cir. Jan. 10, 2007).unpublished
- State v. Vondehn, 236 P.3d 691 (Or. 2010).published
- People v. Rios, 179 Cal. App. 4th 491 (Cal. Ct. App. 2009).published
- People v. Vance, 188 Cal. App. 4th 1182 (Cal. Ct. App. 2010).published
- United States v. Jones, 572 F. Supp. 2d 601 (W.D. Pa. 2008).published
Show 11 more citing cases
- State v. Boretsky, 894 A.2d 659 (N.J. 2006).published
- Commonwealth v. Simon, 923 N.E.2d 58 (Mass. 2010).published
- Clay v. State, 725 S.E.2d 260 (Ga. 2012).published
- People v. Low, 232 P.3d 635 (Cal. 2010).published
- People v. Elizalde, 351 P.3d 1010 (Cal. 2015).published
- Melissa Lucio v. Lorie Davis, Dir., No. 16-70027 (5th Cir. Oct. 17, 2018).unpublished
- State v. Gerard Dante Simmons, No. 09-18-00406-CR (Tex. App.—Beaumont Feb. 5, 2020).unpublished
- United States v. Guillen, 995 F.3d 1095 (10th Cir. 2021).published
- Commonwealth v. Clarke, 960 N.E.2d 306 (Mass. 2012).published
- United States v. Samilton, 56 F.4th 820 (10th Cir. 2022).published
- Jones v. United States, No. 4:19-cv-04018 (C.D. Ill. Feb. 17, 2021).
At page 644 Distinguishing testimonial evidence from physical evidence under the Fifth Amendment21 citing casesconc. opn. of Kennedy, J.
- Dustin Michael Gray a/k/a Dustin M. Gray v. State of Mississippi, No. 2023-KA-01270-COA (Miss. Ct. App. Feb. 5, 2026).publishedIn addition, precedent “requires the exclusion of the physical fruit of actually coerced statements.” United States v. Patane, 542 U.S. 630, 644 (2004) (plurality opinion).9 “However, all evidence obtained by virtue of illegal actions of t…
- Terence Tekoh v. Cnty. of Los Angeles, 997 F.3d 1260 (9th Cir. 2021).published
- Gerald Eugene Kiser v. Commonwealth, No. 2189053 (Va. Ct. App. Dec. 28, 2006).unpublished
- United States v. Joseph Hallford, 816 F.3d 850 (D.C. Cir. 2016).published
- United States v. Julian Mora-Alcaraz, 986 F.3d 1151 (9th Cir. 2021).published
- Mattox v. State, 267 P.3d 746 (Kan. 2011).published
- United States v. Travis Lester, 98 F.4th 768 (6th Cir. 2024).published
- Brown v. State, 663 S.E.2d 749 (Ga. Ct. App. 2008).published
- People v. Johnson, 183 Cal. App. 4th 253 (Cal. Ct. App. 2010).published
- State v. Schultz, 212 P.3d 150 (Kan. 2009).published
Show 10 more citing cases
- State v. Vondehn, 236 P.3d 691 (Or. 2010).published
- Kevin Terrance Hannon v. John Sanner Jeffrey Oxton, Will Brost Vicki Landwehr, 441 F.3d 635 (8th Cir. 2006).published
- State v. Delong, 350 P.3d 433 (Or. 2015).published
- Vega v. Tekoh, 597 U.S. 134 (2022).published
- United States v. Morse, 569 F.3d 882 (8th Cir. 2009).published
- State of Tennessee v. Albert Dejuan White, No. W2025-00253-CCA-R3-CD (Tenn. Crim. App. Feb. 27, 2026).published
- Moore v. Czerniak, No. 04-15713 (9th Cir. July 28, 2008).published
- Moore v. Czerniak, No. 04-15713 (9th Cir. July 28, 2009).published
- People v. Wright, 68 A.D.3d 573 (N.Y. App. Div. 1st Dep't 2009).published
- State Of Washington, V. Leslie William Stach, No. 82035-4 (Wash. Ct. App. Jan. 24, 2022).unpublished
At page 642 Analyzing deterrent effect of failing to issue miranda warnings19 citing casesholding that the exclusionary rule does not apply to physical evidence obtained as a result of questioning that violated Miranda v. Arizona, 384 U.S. 436 (1966)
- United States v. Guia-Lopez, No. 22-50234 (5th Cir. Aug. 15, 2023).unpublished See Patane, 542 U.S. at 642; see also id. at 631 (“[T]he [Self-Incrimination] Clause contains its own exclusionary rule that automatically protects those subjected to coercive police interrogations from the use of their involuntary stateme…
- Ruiz-rivera v. City & Cnty. of Lancaster, No. 5:21-cv-02105 (E.D. Pa. Sept. 9, 2021).(Here, Castillo has done nothing more than allege that he was never read his Miranda warnings with respect to his arrest on or about June 22, 2019. There are no allegations that he was questioned in a custodial interrog…)
- Hayes v. State, 910 S.E.2d 198 (Ga. 2024).published The trial court rejected this argument, citing United States v. Patane, 542 U.S. 630, 643 (124 SCt 2620, 159 LE2d 667) (2004), which holds that physical evidence obtained from a statement given without Miranda warnings is admissible if it…
- People v. Gosselin, 205 P.3d 456 (Colo. Ct. App. 2008).published
- State v. Knapp, 2005 WI 127, 700 N.W.2d 899.published
- United States v. Coulter, 41 F.4th 451 (5th Cir. 2022).published
- Pueblo v. Millán Pacheco, 168 P.R. Dec. 350 (2011).published
- United States v. Melvin, No. 05-4997 (4th Cir. July 13, 2007).unpublished
- United States v. Specialist BRANDON S. WILSON, No. ARMY 20140386 (A.C.C.A. Aug. 15, 2014).unpublished
- United States v. Henry C. Renken, 474 F.3d 984 (7th Cir. 2007).published
Show 8 more citing cases
- United States v. John J. Fellers, 397 F.3d 1090 (8th Cir. 2005).published
- United States v. Morse, 569 F.3d 882 (8th Cir. 2009).published
- State v. Quinerly, No. 1 CA-CR 17-0233 (Ariz. Ct. App. May 17, 2018).unpublished
- Abid Vs. Abid (child Custody), 2017 NV 94 (Nev. 2017).published
- Richardson v. Underwood, No. 1:18-cv-07694 (S.D.N.Y. Mar. 22, 2023).
- Osson v. Sparks Police Dep't, No. 7:25-cv-00057 (M.D. Ga. July 3, 2025).
- Jenkins v. State, 894 S.E.2d 566 (Ga. 2023).published
- State of Tennessee v. Albert Dejuan White, No. W2025-00253-CCA-R3-CD (Tenn. Crim. App. Feb. 27, 2026).published
124 S. Ct. at 2628 Unlike the Fourth Amendment’s bar on unreasonable searches, the Self-Incrimination Clause is self-executing.... This explicit textual protection supports a strong presumption against expanding the Miranda rule any further.16 citing cases
- United States v. Sasson, 334 F. Supp. 2d 347 (E.D.N.Y 2004).published (Unlike the Fourth Amendment’s bar on unreasonable searches, the Self-Incrimination Clause is self-executing.... This explicit textual protection supports a strong presumption against expanding the Miranda rule any furt…)
- United States v. Self, 100 F. Supp. 3d 773 (D. Ariz. 2015).published See United States v. Kim, 292 F.3d 969, 976 (9th Cir.2002) (holding that a defendant is entitled to a Miranda warning when police questioning exceeds the scope of a Terry stop and becomes a custodial interrogation); see also United States…
- United States v. Gilkeson, 431 F. Supp. 2d 270 (N.D.N.Y. 2006).published As the Court emphasized two years later in Patane, the “Miranda rule is not a code of police conduct.” 542 U.S. at 637, 124 S.Ct. 2620 .
- Calonge v. United States, No. 1:24-cv-08988 (S.D.N.Y. July 29, 2025).It is well settled that “the Miranda rule is a prophylactic employed to protect against violations of the Self–Incrimination Clause.” United States v. Patane, 542 U.S. 630, 636 (2004) (plurality opinion) (discussing Miranda v. Arizona, 384…
- People v. Gosselin, 205 P.3d 456 (Colo. Ct. App. 2008).published
- State of Arizona v. Michael Jonathon Carlson, 266 P.3d 369 (Ariz. Ct. App. 2011).published
- Martz v. Simmons, No. 4:18-cv-04040 (W.D. Ark. May 14, 2019).
- Ogunsula v. Warrenfeltz, No. 1:20-cv-02568 (D. Md. Dec. 23, 2021).
- Welch v. Commonwealth, 149 S.W.3d 407 (Ky. 2004).published
- in the Matter of H v., No. 02-04-00029-CV (Tex. App.—Fort Worth Nov. 17, 2005).published
Show 6 more citing cases
- Darryl Tyrone Dozier, Jr. v. Commonwealth of Virginia, No. 0812071 (Va. Ct. App. July 15, 2008).unpublished
- Leroy Stevenson, Jr. v. Commonwealth, No. 1210051 (Va. Ct. App. May 30, 2006).unpublished
- Montgomery v. Bagley, 482 F. Supp. 2d 919 (N.D. Ohio 2007).published
- Gregory Kirk v. State of Indiana, 974 N.E.2d 1059 (Ind. Ct. App. 2012).published
- Cronin v. Peterson, 288 F. Supp. 3d 970 (D. Neb. 2018).published
- Baez v. Duggan, No. 4:17-cv-40109 (D. Mass. Apr. 8, 2020).
At page 643 Declining to extend fruits doctrine to unwarned statements9 citing casesholding that “violations of Miranda do not justify exclusion of physical evidence resulting therefrom
- United States v. Billy Mitchell, No. 20-6208 (6th Cir. Oct. 7, 2021).unpublished Id. at 634 (plurality op.) (“[T]he Miranda rule protects against violations of the Self-Incrimination Clause, which, in turn, is not implicated by the introduction at trial of physical evidence resulting from voluntary statements. . . .”);…
- Hayes v. State, 910 S.E.2d 198 (Ga. 2024).published The trial court rejected this argument, citing United States v. Patane, 542 U.S. 630, 643 (124 SCt 2620, 159 LE2d 667) (2004), which holds that physical evidence obtained from a statement given without Miranda warnings is admissible if it…
- In the Interest of: J.L.H. Juv. Officer v. J.L.H., 488 S.W.3d 689 (Mo. Ct. App. 2016).published
- Jones v. United States, No. 4:19-cv-04018 (C.D. Ill. Feb. 17, 2021).
- Roel Alvarez Lopez v. State, No. 13-13-00307-CR (Tex. App.—Corpus Christi June 25, 2015).unpublished
- Lopez, Roel Alvarez, No. PD-1376-15 (Tex. App. Dec. 28, 2015).published
- State v. Darievq Javon Richardson, 837 S.E.2d 524 (Ga. Ct. App. 2020).published
- State v. Ezell, 2014 WI App 101, 855 N.W.2d 453.published
- Junius Burno v. Comm'r Pennsylvania Depa, No. 21-9002 (3d Cir. Apr. 17, 2024).unpublished
At page 640 Reaffirming self-incrimination clause protections against coerced statements8 citing cases“repeatedly explained 'that those subjected to coercive police interrogations have an automatic protection from the use of their involuntary statements (or evidence derived from their statements) in any subsequent criminal trial.”
- United States v. Rajeri Curry, 158 F.4th 153 (3d Cir. 2025).published United States v. Patane, 542 U.S. 630, 640 (2004) (plurality opinion).
- Hayes v. State, 910 S.E.2d 198 (Ga. 2024).published The trial court rejected this argument, citing United States v. Patane, 542 U.S. 630, 643 (124 SCt 2620, 159 LE2d 667) (2004), which holds that physical evidence obtained from a statement given without Miranda warnings is admissible if it…
- Commonwealth v. Michael A. Hand, No. 22-P-1132 (Mass. App. Ct. Oct. 21, 2024).publishedThe Court has "repeatedly explained 'that those subjected to coercive police interrogations have an automatic protection from the use of their involuntary statements (or evidence derived from their statements) in any subsequent criminal tr…
- United States v. Sweets, 526 F.3d 122 (4th Cir. 2007).published
- Maryland v. Shatzer, 559 U.S. 98 (2010).published
- J. D. B. v. North Carolina, 564 U.S. 261 (2011).published
- Kevin Terrance Hannon v. John Sanner Jeffrey Oxton, Will Brost Vicki Landwehr, 441 F.3d 635 (8th Cir. 2006).published
At page 633 Deciding whether failure to give miranda warnings is a violation7 citing cases“whether the failure to give a suspect the warnings prescribed by miranda, requires the suppression of physical fruits of the suspect's unwarned but voluntary statements.”
- United States v. Steven George Morgan, No. 23-11114 (11th Cir. July 11, 2025).published In Miranda, the USCA11 Case: 23-11114 Document: 71-1 Date Filed: 07/11/2025 Page: 10 of 59 Supreme Court announced “a prophylactic [rule] to protect against violations of the Self-Incrimination Clause.” United States v. Patane, 542 U.S. 63…
- State v. Donald Glenn Werlla, No. 13-08-00185-CR (Tex. App.—Corpus Christi Dec. 4, 2008).unpublished
- State v. Donald Glenn Werlla, No. 13-08-00185-CR (Tex. App.—Corpus Christi Aug. 29, 2008).published
- State v. Merrill, No. 121912 (Kan. Ct. App. Aug. 28, 2020).unpublished
- Terence Tekoh v. Cnty. of Los Angeles, 997 F.3d 1260 (9th Cir. 2021).published
- Ellington v. State, 735 S.E.2d 736 (Ga. 2012).published
At page 635 Analyzing admissibility of statements after incomplete miranda warnings4 citing cases“the fruit of the poisonous tree doctrine does not extend to derivative evidence discovered as a result of a defendant's voluntary statements obtained without miranda warnings.”
- United States v. Julian Mora-Alcaraz, 986 F.3d 1151 (9th Cir. 2021).published
- In the Interest of: J.L.H. Juv. Officer v. J.L.H., 488 S.W.3d 689 (Mo. Ct. App. 2016).published
- State v. Brian L. Halverson, 2021 WI 7, 953 N.W.2d 847.published
- State v. Peterson, 2007 VT 24, 923 A.2d 585.published
124 S. Ct. at 2627 cited at this page3 citing cases
- United States v. James David Nichols, United States of Am. v. James David Nichols, 438 F.3d 437 (4th Cir. 2006).published
- State v. Morrisey, 2009 MT 201, 214 P.3d 708.published
- United States v. Nichols, No. 04-5020 (4th Cir. Feb. 28, 2006).published
124 S. Ct. at 2630 Justice Thomas, writing for the three-member plurality3 citing cases
- United States v. Ross, 113 F. App'x 884 (10th Cir. 2004).unpublished
- Commonwealth v. Santiago, 980 A.2d 659 (Pa. Super. Ct. 2009).published
- Skjervem v. State, 215 P.3d 1101 (Alaska Ct. App. 2009).published
The Self– Incrimination Clause . . . is not implicated by the admission into evidence of the physical fruit of a voluntary statement.
- People of Michigan v. Tommie Wesley Miller Jr, No. 353843 (Mich. Ct. App. July 29, 2021).unpublished (The Self– Incrimination Clause . . . is not implicated by the admission into evidence of the physical fruit of a voluntary statement.)
- State v. Austin, 714 S.E.2d 671 (Ga. Ct. App. 2011).published (The Self-Incrimination Clause . . . is not implicated by the admission into evidence of the physical fruit of a voluntary statement.)
- Delatorre v. State, 903 N.E.2d 506 (Ind. Ct. App. 2009).published (The Self-incrimination Clause ... is not implicated by the admission into evidence of the physical fruit of a voluntary statement. Accordingly, there is no justification for extending the Miranda rule to this context.)
[T]he Miranda rule is a prophylactic employed to protect against violations of the Self-Incrimination Clause.
- Robert J. Van Hook v. Carl S. Anderson, Warden, 488 F.3d 411 (6th Cir. 2007).published ([T]he Miranda rule is a prophylactic employed to protect against violations of the Self-Incrimination Clause.)
- Hilliard v. Commonwealth, 601 S.E.2d 652 (Va. Ct. App. 2004).published ([TJhe Miranda rule is a prophylactic employed to protect against violations of the Self-Incrimination Clause.)
At page 631 [T]he [Self-Incrimination] Clause contains its own exclusionary rule that automatically protects those subjected to coercive police interrogations from the use of their involuntary statements (or evidence derived from their statements) in any subsequent criminal trial.2 citing cases
- United States v. Guia-Lopez, No. 22-50234 (5th Cir. Aug. 15, 2023).unpublished ([T]he [Self-Incrimination] Clause contains its own exclusionary rule that automatically protects those subjected to coercive police interrogations from the use of their involuntary statements (or evidence derived from…)
- State v. Widmer, 2020-NMSC-007, 461 P.3d 881.published([T]he Miranda rule creates a presumption of coercion in custodial interrogations, in the absence of specific warnings, that is generally irrebuttable for purposes of the prosecution’s case in chief.)
159 L. Ed. 2d at 679 [I]t is true that the Court requires the exclusion of the physical fruit of actually coerced statements ....1 citing case
- Reid v. State, 51 A.3d 597 (Md. 2012).published ([I]t is true that the Court requires the exclusion of the physical fruit of actually coerced statements ....)
159 L. Ed. 2d at 675 cited at this page3 citing cases
- James Franklin Brown v. State, No. 07-03-00347-CR (Tex. App.—Amarillo July 25, 2005).unpublished
At page 648 “while fourth amendment protections extend to 'persons, houses, papers, and effects,' the self-incrimination clause prohibits only compelling a defendant to be 'a witness against himself,' arndt. 5.”1 citing case
- State v. Cody Clark, 2008 MT 419, 198 P.3d 809.published “while fourth amendment protections extend to 'persons, houses, papers, and effects,' the self-incrimination clause prohibits only compelling a defendant to be 'a witness against himself,' arndt. 5.”
Other citing cases
- State v. Casteel, 2017-Ohio-8303, 98 N.E.3d 889.published
- Patrick Broom a/k/a Patrick Brown v. United States, 118 A.3d 207 (D.C. 2015).published
- State v. Brabham, 994 A.2d 526 (N.J. Super. Ct. App. Div. 2010).published
- United States v. O'Brien, 498 F. Supp. 2d 520 (N.D.N.Y. 2007).published
- People v. Havrish, 866 N.E.2d 1009 (N.Y. 2007).published
- State v. Barkus, 888 A.2d 398 (N.H. 2005).published
v.
Patane
Lead Opinion
announced the judgment of the Court and delivered an opinion, in which The Chief Justice and Justice Scalia join.
In this case we must decide whether a failure to give a suspect the warnings prescribed by Miranda v. Arizona, [*634] 384 U. S. 436 (1966), requires suppression of the physical fruits of the suspect’s unwarned but voluntary statements. The Court has previously addressed this question but has not reached a definitive conclusion. See Massachusetts v. White, 439 U. S. 280 (1978) (per curiam) (dividing evenly on the question); see also Patterson v. United States, 485 U. S. 922 (1988) (White, J., dissenting from denial of.certiorari). Although we believe that the Court’s decisions in Oregon v. Elstad, 470 U. S. 298 (1985), and Michigan v. Tucker, 417 U. S. 433 (1974), are instructive, the Courts of Appeals have split on the question after our decision in Dickerson v. United States, 530 U. S. 428 (2000). See, e. g., United States v. Villalba-Alvarado, 345 F. 3d 1007 (CA8 2003) (holding admissible the physical fruits of a Miranda violation); United States v. Sterling, 283 F. 3d 216 (CA4 2002) (same); United States v. DeSumma, 272 F. 3d 176 (CA3 2001) (same); United States v. Faulkingham, 295 F. 3d 85 (CA1 2002) (holding admissible the physical fruits of a negligent Miranda violation). Because the Miranda rule protects against violations of the Self-Incrimination Clause, which, in turn, is not implicated by the introduction at trial of physical evidence resulting from voluntary statements, we answer the question presented in the negative.
I
In June 2001, respondent, Samuel Francis Patane, was arrested for harassing his ex-girlfriend, Linda O’Donnell. He was released on bond, subject to a temporary restraining order that prohibited him from contacting O’Donnell. Respondent apparently violated the restraining order by attempting to telephone O’Donnell. On June 6, 2001, Officer Tracy Fox of the Colorado Springs Police Department began to investigate the matter. On the same day, a county probation officer informed an agent of the Bureau of Alcohol, Tobacco and Firearms (ATF), that respondent, a convicted felon, illegally possessed a .40 Glock pistol. The ATF relayed this information to Detective Josh Benner, who worked[*635] closely with the ATF. Together, Detective Benner and Officer Fox proceeded to respondent’s residence.
After reaching the residence and inquiring into respondent’s attempts to contact O’Donnell, Officer Fox arrested respondent for violating the restraining order. Detective Benner attempted to advise respondent of his Miranda rights but got no further than the right to remain silent. At that point, respondent interrupted, asserting that he knew his rights, and neither officer attempted to complete the warning.[1] App. 40.
Detective Benner then asked respondent about the Glock. Respondent was initially reluctant to discuss the matter, stating: ‘T am not sure I should tell you anything about the Glock because I don’t want you to take it away from me.” Id., at 41. Detective Benner persisted, and respondent told him that the pistol was in his bedroom. Respondent then gave Detective Benner permission to retrieve the pistol. Detective Benner found the pistol and seized it.
A grand jury indicted respondent for possession of a firearm by a convicted felon, in violation of 18 U. S. C. § 922(g)(1). The District Court granted respondent’s motion to suppress the firearm, reasoning that the officers lacked probable cause to arrest respondent for violating the restraining order. It therefore declined to rule on respondent’s alternative argument that the gun should be suppressed as the fruit of an unwarned statement.
The Court of Appeals reversed the District Court’s ruling with respect to probable cause but affirmed the suppression order on respondent’s alternative theory. The court rejected the Government’s argument that this Court’s decisions in Elstad, supra, and Tucker, supra, foreclosed application of the fruit of the poisonous tree doctrine of Wong Sun [*636] v. United States, 371 U. S. 471 (1963), to the present context. 304 F. 3d 1013, 1019 (CA10 2002). These holdings were, the Court of Appeals reasoned, based on the view that Miranda announced a prophylactic rule, a position that it found to be incompatible with this Court’s decision in Dickerson, swpra, at 444 (“Miranda announced a constitutional rule that Congress may not supersede legislatively”).[2] The Court of Appeals thus equated Dickerson’s announcement that Miranda is a constitutional rule with the proposition that a failure to warn pursuant to Miranda is itself a violation of the Constitution (and, more particularly, of the suspect’s Fifth Amendment rights). Based on its understanding of Dickerson, the Court of Appeals rejected the post-Dickerson views of the Third and Fourth Circuits that the fruits doctrine does not apply to Miranda violations. 304 F. 3d, at 1023-1027 (discussing United States v. Sterling, 283 F. 3d 216 (CA4 2002), and United States v. DeSumma, 272 F. 3d 176 (CA3 2001)). It also disagreed with the First Circuit’s conclusion that suppression is not generally required in the case of negligent failures to warn, 304 F. 3d, at 1027-1029 (discussing United States v. Faulkingham, 295 F. 3d 85 (CAI 2002)), explaining that “[djeterrence is necessary not merely to deter intentional wrongdoing, but also to ensure that officers diligently (non-negligently) protect — and properly are trained to protect — the constitutional rights of citizens,” 304 F. 3d, at 1028-1029. We granted certiorari. 538 U. S. 976 (2003).
As we explain below, the Miranda rule is a prophylactic employed .to protect against violations of the Self-Incrimination Clause. The Self-Incrimination Clause, however, is not implicated by the admission into evidence of the physical fruit of a- voluntary statement. Accordingly, there is no justification for extending the Miranda rule to this con[*637] text. And just as the Self-Incrimination Clause primarily focuses on the criminal trial, so too does the Miranda rule. The Miranda rule is not a code of police conduct, and police do not violate the Constitution (or even the Miranda rule, for that matter) by mere failures to warn. For this reason, the exclusionary rule articulated in cases such as Wong Sun does not apply. Accordingly, we reverse the judgment of the Court of Appeals and remand the case for further proceedings.
II
The Self-Incrimination Clause provides: “No person . . . shall be compelled in any criminal case to be a witness against himself.” U. S. Const., Amdt. 5. We need not decide here the precise boundaries of the Clause’s protection. For present purposes, it suffices to note that the core protection afforded by the Self-Incrimination Clause is a prohibition on compelling a criminal defendant to testify against himself at trial. See, e. g., Chavez v. Martinez, 538 U. S. 760, 764-768 (2003) (plurality opinion); id., at 777-779 (Souter, J., concurring in judgment); 8 J. Wigmore, Evidence § 2263, p. 378 (J. McNaughton rev. ed. 1961) (explaining that the Clause “was directed at the employment of legal process to extract from the person's own lips an admission of guilt, which would thus take the place of other evidence”); see also United States v. Hubbell, 530 U. S. 27, 49-56 (2000) (Thomas, J., concurring) (explaining that the privilege might extend to bar the compelled production of any incriminating evidence, testimonial or otherwise). The Clause cannot be violated by the introduction of nontestimonial evidence obtained as a result of voluntary statements. See, e. g., id., at 34 (noting that the word “ ‘witness’ ” in the Self-Incrimination Clause “limits the relevant category of compelled incriminating communications to those that are ‘testimonial’ in character”); id., at 35 (discussing why compelled blood samples do not violate the Clause; cataloging other examples and citing cases); Elstad, 470 U. S., at 304 (“The Fifth Amendment, of[*638] course, is not concerned with nontestimonial evidence”); id., at 306-307 (“The Fifth Amendment prohibits use by the prosecution in its case in chief only of compelled testimony”); Withrow v. Williams, 507 U. S. 680, 705 (1993) (O’CONNOR, J., concurring in part and dissenting in part) (describing “true Fifth Amendment claims [as] the extraction and use of compelled testimony”); New York v. Quarles, 467 U. S. 649, 665-672, and n. 4 (1984) (O’CONNOR, J., concurring in judgment in part and dissenting in part) (explaining that the physical fruit of a Miranda violation need not be suppressed for these reasons).
To be sure, the Court has recognized and applied several prophylactic rules designed to protect the core privilege against self-incrimination. See, e. g., Chavez, supra, at 770-772 (plurality opinion). For example, although the text of the Self-Incrimination Clause at least suggests that “its coverage [is limited to] compelled testimony that is used against the defendant in the trial itself,” Hubbell, supra, at 37, potential suspects may, at times, assert the privilege in proceedings in which answers might be used to incriminate them in a subsequent criminal case. See, e. g., United States v. Balsys, 524 U. S. 666, 671-672 (1998); Minnesota v. Murphy, 465 U. S. 420, 426 (1984); cf. Kastigar v. United States, 406 U. S. 441 (1972) (holding that the Government may compel grand jury testimony from witnesses over Fifth Amendment objections if the witnesses receive “use and derivative use immunity”); Uniformed Sanitation Men Assn., Inc. v. Commissioner of Sanitation of City of New York, 392 U. S. 280, 284 (1968) (allowing the Government to use economic compulsion to secure statements but only if the Government grants appropriate immunity). We have explained that “[t]he natural concern which underlies [these] decisions is that an inability to protect the right at one stage of a proceeding may make its invocation useless at a later stage.” Tucker, 417 U. S., at 440-441.
[*639] Similarly, in Miranda, the Court concluded that the possibility of coercion inherent in custodial interrogations unacceptably raises the risk that a suspect’s privilege against self-incrimination might be violated. See Dickerson, 530 U. S., at 434-435; Miranda, 384 U. S., at 467. To protect against this danger, the Miranda rule creates a presumption of coercion, in the absence of specific warnings, that is generally irrebuttable for purposes of the prosecution’s case in chief.
But because these prophylactic rules (including the Miranda rule) necessarily sweep beyond the actual protections of the Self-Incrimination Clause, see, e. g,, Withrow, supra, at 690-691; Elstad, supra, at 306, any further extension of these rules must be justified by its necessity for the protection of the actual right against compelled self-incrimination, Chavez, supra, at 778 (Souter, J., concurring in judgment) (requiring a “ ‘powerful showing’ ” before “expanding] . . . the privilege against compelled self-incrimination”). Indeed, at times the Court has declined to extend Miranda even where it has perceived a need to protect the privilege against self-incrimination. See, e. g., Quarles, supra, at 657 (concluding “that the need for answers to questions in a situation posing a threat to the public safety outweighs the need for the prophylactic rule protecting the Fifth Amendment’s privilege against self-incrimination”).
It is for these reasons that statements taken without Miranda warnings (though not actually compelled) can be used to impeach a defendant’s testimony at trial, see Elstad, supra, at 307-308; Harris v. New York, 401 U. S. 222 (1971), though the fruits of actually compelled testimony cannot, see New Jersey v. Portash, 440 U. S. 450, 458-459 (1979). More generally, the Miranda rule “does not require that the statements [taken without complying with the rule] and their fruits be discarded as inherently tainted,” Elstad, 470 U. S., at 307. Such a blanket suppression rule could not be justi[*640] fied by reference to the “Fifth Amendment goal of assuring trustworthy evidence” or by any deterrence rationale, id., at 308; see Tucker, supra, at 446-449; Harris, supra, at 225-226, and n. 2, and would therefore fail our close-fit requirement.
Furthermore, the Self-Incrimination Clause contains its own exclusionary rule. It provides that “[n]o person . . . shall be compelled in any criminal case to be a witness against himself.” Arndt. 5. Unlike the Fourth Amendment’s bar on unreasonable searches, the Self-Incrimination Clause is self-executing. We have repeatedly explained “that those subjected to coercive police interrogations have an automatic protection from the use of their involuntary statements (or evidence derived from their statements) in any subsequent criminal trial.” Chavez, 538 U. S., at 769 (plurality opinion) (citing, for example, Elstad, supra, at 307-308). This explicit textual protection supports a strong presumption against expanding the Miranda rule any further. Cf. Graham v. Connor, 490 U. S. 386 (1989).
Finally, nothing in Dickerson, including its characterization of Miranda as announcing a constitutional rule, 530 U. S., at 444, changes any of these observations. Indeed, in Dickerson, the Court specifically noted that the Court’s “subsequent cases have reduced the impact of the Miranda rule on legitimate law enforcement while reaffirming [Miranda]’s core ruling that unwarned statements may not be used as evidence in the prosecution’s case in chief.” Id., at 443-444. This description of Miranda, especially the emphasis on the use of “unwarned statements ... in the prosecution’s case in chief,” makes clear our continued focus on the protections of the Self-Incrimination Clause. The Court’s reliance on our Miranda precedents, including both Tucker and Elstad, see, e. g., Dickerson, supra, at 438, 441, further demonstrates the continuing validity of those decisions. In short, nothing in Dickerson calls into question our continued[*641] insistence that the closest possible fit be maintained between the Self-Incrimination Clause and any rule designed to protect it.
Ill
Our cases also make clear the related point that a mere failure to give Miranda warnings does not, by itself, violate a suspect’s constitutional rights or even the Miranda rule. So much was evident in many of our pre-Dickerson cases, and we have adhered to this view since Dickerson. See Chavez, 538 U. S., at 772-773 (plurality opinion) (holding that a failure to read Miranda warnings did not violate the respondent’s constitutional rights); 538 U. S., at 789 (Kennedy, J., concurring in part and dissenting in part) (agreeing “that failure to give a Miranda warning does not, without more, establish a completed violation when the unwarned interrogation ensues”); Elstad, supra, at 308; Quarles, 467 U. S., at 654; cf. Chavez, supra, at 777-779 (Souter, J., concurring in judgment). This, of course, follows from the nature of the right protected by the Self-Incrimination Clause, which the Miranda rule, in turn, protects. It is “ ‘a fundamental trial right.’” Withrow, 507 U.S., at 691 (quoting United States v. Verdugo-Urquidez, 494 U. S. 259, 264 (1990)). See also Chavez, 538 U. S., at 766-768 (plurality opinion); id., at 790 (Kennedy, J., concurring in part and dissenting in part) (“The identification of a Miranda violation and its consequences, then, ought to be determined at trial”).
It follows that police do not violate a suspect’s constitutional rights (or the Miranda rule) by negligent or even deliberate failures to provide the suspect with the full panoply of warnings prescribed by Miranda. Potential violations occur, if at all, only upon the admission of unwarned statements into evidence at trial. And, at that point, “[t]he exclusion of unwarned statements ... is a complete and sufficient[*642] remedy” for any perceived Miranda violation. Chavez, supra, at 790.[3]
Thus, unlike unreasonable searches under the Fourth Amendment or actual violations of the Due Process Clause or the Self-Incrimination Clause, there is, with respect to mere failures to warn, nothing to deter. There is therefore no reason to apply the “fruit of the poisonous tree” doctrine of Wong Sun, 371 U. S., at 488.[4] See also Nix v. Williams, 467 U. S. 431, 441 (1984) (discussing the exclusionary rule in the Sixth Amendment context and noting that it applies to “illegally obtained evidence [and] other incriminating evidence derived from [it]” (emphasis added)). It is. not for this Court to impose its preferred police practices on either federal law enforcement officials or their state counterparts.
IV
In the present case, the Court of Appeals, relying on Dickerson, wholly adopted the position that the taking of unwarned statements violates a suspect’s constitutional rights. 304 F. 3d, at 1028-1029.[5] And, of course, if this were so, a[*643] strong deterrence-based argument could be made for suppression of the fruits. See, e.g., Nix, supra, at 441-444; Wong Sun, supra, at 484-486; cf. Nardone v. United States, 308 U. S. 338, 341 (1939).
But Dickerson’s characterization of Miranda as a constitutional rule does not lessen the need to maintain the closest possible fit between the Self-Incrimination Clause and any judge-made rule designed to protect it. And there is no such fit here. Introduction of the nontestimonial fruit of a voluntary statement, such as respondent’s Glock, does not' implicate the Self-Incrimination Clause. The admission of such fruit presents no risk that a defendant’s coerced statements (however defined) will be used against him at a criminal trial. In any case, “[t]he exclusion of unwarned statements ... is a complete and sufficient remedy” for any perceived Miranda violation. Chavez, supra, at 790 (Kennedy, J., concurring in part and dissenting in part). See also H. Friendly, Benchmarks 280-281 (1967). There is simply no need to extend (and therefore no justification for extending) the prophylactic rule of Miranda to this context.
Similarly, because police cannot violate the Self-Incrimination Clause by taking unwarned though voluntary statements, an exclusionary rule cannot be justified by reference to a deterrence effect on law enforcement, as the Court of Appeals believed, 304 F. 3d, at 1028-1029. Our decision not to apply Wong Sun to mere failures to give Miranda warnings was sound at the time Tucker and Elstad were decided, and we decline to apply Wong Sun to such failures now.
The Court of Appeals ascribed significance to the fact that, in this case, there might be “little [practical] difference between [respondent’s] confessional statement” and the actual physical evidence. 304 F. 3d, at 1027. The distinction, the court said, “appears to make little sense as a matter of policy.” Ibid. But, putting policy aside, we have held that “[t]he word ‘witness’ in the constitutional text limits the”[*644] scope of the Self-Incrimination Clause to testimonial evidence. Hubbell, 530 U. S., at 34-35. The Constitution itself makes the distinction.[6] And although it is true that the Court requires the exclusion of the physical fruit of actually coerced statements, it must be remembered that statements taken without sufficient Miranda warnings are presumed to have been coerced only for certain purposes and then only when necessary to protect the privilege against self-incrimination. See Part II, supra. For the reasons discussed above, we decline to extend that presumption further.[7]
Accordingly, we reverse the judgment of the Court of Ap: peals and remand the case for further-proceedings.
It is so ordered.
The Government concedes that respondent’s answers to subsequent on-the-scene questioning are inadmissible at trial under Miranda v. Arizona, 384 U. S. 436 (1966), despite the partial warning and respondent’s assertions that he knew his rights.
The Court of Appeals also distinguished Oregon v. Elstad, 470 U. S. 298 (1985), on the ground that the second (and warned) confession at issue there was the product of the defendant’s volition. 304 F. 3d, at 1019, 1021. For the reasons discussed below, we do not find this distinction relevant.
We acknowledge that there is language in some of the Court’s post-Miranda decisions that might suggest that the Miranda rule operates as a direct constraint on police. See, e. g., Stansbury v. California, 511 U. S. 318, 322 (1994) (per curiam); Moran v. Burbine, 475 U. S. 412, 420 (1986) (stating that “Miranda imposed on the police an obligation to follow certain procedures”); cf. Edwards v. Arizona, 451 U. S. 477, 485 (1981). But Miranda itself made clear that its focus was the admissibility of statements, see, e. g,, 384 U. S., at 439, 467, a view the Court reaffirmed in Dickerson v. United States, 530 U. S. 428, 443-444 (2000) (equating the Miranda rule with the proposition that “unwarned statements may not be used as evidence in the prosecution’s case in chief” (emphasis added)).
We reject respondent’s invitation to apply the balancing test of Nardone v. United States, 308 U. S. 338 (1939). Brief for Respondent 15-33. At issue in Nardone was the violation of a federal wiretap statute, and the Court employed an exclusionary rule to deter those violations. But, once again, there are no violations (statutory or constitutional) to deter here.
It is worth mentioning that the Court of Appeals did not have' the benefit of our decision in Chavez v. Martinez, 538 U. S. 760 (2003).
While Fourth Amendment protections extend to “persons, houses, papers, and effects,” the Self-Incrimination Clause prohibits only compelling a defendant to be “a witness against himself,” Arndt. 5.
It is not clear whether the Government could have used legal processes actually to compel respondent to produce the Glock, though there is a reasonable argument that it could have. See, e. g., United States v. Hubbell, 530 U. S. 27, 42-45 (2000); Baltimore City Dept. of Social Servs. v. Bouknight, 493 U. S. 549, 554-556 (1990); Fisher v. United States, 425 U. S. 391 (1976); Warden, Md. Penitentiary v. Hayden, 387 U. S. 294, 302-303 (1967); Schmerber v. California, 384 U. S. 757, 761 (1966). But see Commonwealth v. Hughes, 380 Mass. 583, 404 N. E. 2d 1239 (1980); Goldsmith v. Superior Court, 152 Cal. App. 3d 76, 199 Cal. Rptr. 366 (1984). In light-of this, it would be especially odd to exclude the Glock here.
Concurrence
with whom Justice O’Connor joins, concurring in the judgment.
In Oregon v. Elstad, 470 U. S. 298 (1985), New York v. Quarles, 467 U. S. 649 (1984), and Harris v. New York, 401 U. S. 222 (1971), evidence obtained following an unwarned interrogation was held admissible. This result was based in large part on our recognition that the concerns underlying the Miranda v. Arizona, 384 U. S. 436 (1966), rule must be accommodated to other objectives of the criminal justice sys[*645] tem. I agree with the plurality that Dickerson v. United States, 530 U. S. 428 (2000), did not undermine these precedents and, in fact, cited them in support. Here, it is sufficient to note that the Government presents an even stronger case for admitting the evidence obtained as the result of Pa-tane’s unwarned statement. Admission of nontestimonial physical fruits (the Glock in this case), even more so than the postwarning statements to the police in Elstad and Michigan v. Tucker, 417 U. S. 433 (1974), does not run the risk of admitting into trial an accused’s coerced incriminating statements against himself. In light of the important probative value of reliable physical evidence, it is doubtful that exclusion can be justified by a deterrence rationale sensitive to both law enforcement interests and a suspect’s rights during an in-custody interrogation. Unlike the plurality, however, I find it unnecessary to decide whether the detective’s failure to give Patane the full Miranda warnings should be characterized as a violation of the Miranda rule itself, or whether there is “[anything to deter” so long as the unwarned statements are not later introduced at trial. Ante, at 641-642.
With these observations, I concur in the judgment of the Court.
Dissent
with whom Justice Stevens and Justice Ginsburg join, dissenting.
The plurality repeatedly says that the Fifth Amendment does not address the admissibility of nontestimonial evidence, an overstatement that is beside the point. The issue actually presented today is whether courts should apply the fruit of the poisonous tree doctrine lest we create an incentive for the police to omit Miranda warnings, see Miranda v. Arizona, 384 U. S. 436 (1966), before custodial interrogation.[1] [*646] In closing their eyes to the consequences of giving an eviden-tiary advantage to those who ignore Miranda, the plurality adds an important inducement for interrogators to ignore the rule in that case.
Miranda rested on insight into the inherently coercive character of custodial interrogation and the inherently difficult exercise of assessing the voluntariness of any confession resulting from it. Unless the police give the prescribed warnings meant to counter the coercive atmosphere, a custodial confession is inadmissible, there being no need for the previous time-consuming and difficult enquiry into voluntariness. That inducement to forestall involuntary statements and troublesome issues of fact can only atrophy if we turn around and recognize an evidentiary benefit when an unwarned statement leads investigators to tangible evidence. There is, of course, a price for excluding evidence, but the Fifth Amendment is worth a price, and in the absence of a very good reason, the logic of Miranda should be followed: a Miranda violation raises a presumption of coercion, Oregon v. Elstad, 470 U. S. 298, 306-307, and n. 1 (1985), and the Fifth Amendment privilege against compelled self-incrimination extends to the exclusion of derivative evidence, see United States v. Hubbell, 530 U. S. 27, 37-38 (2000) (recognizing “the Fifth Amendment’s protection against the prosecutor’s use of incriminating information derived directly or indirectly from ... [actually] compelled testimony”); Kastigar v. United States, 406 U. S. 441, 453 (1972); That should be the end of this case.
The fact that the books contain some exceptions to the Miranda exclusionary rule carries no weight here. In Harris v. New York, 401 U. S. 222 (1971), it was respect for the integrity of the judicial process that justified the admission[*647] of unwarned statements as impeachment evidence. But Pa-tane’s suppression motion can hardly be described as seeking to “perver[t]” Miranda “into a license to use perjury” or otherwise handicap the “traditional truth-testing devices of the adversary process.” 401 U. S., at 225-226. Nor is there any suggestion that the officers’ failure to warn Patane was justified or mitigated by a public emergency or other exigent circumstance, as in New York v. Quarles, 467 U. S. 649 (1984). And of course the premise of Oregon v. Elstad, supra, is not on point; although a failure to give Miranda warnings before one individual statement does not necessarily bar the admission of a subsequent statement given after adequate warnings, 470 U. S. 298; cf. Missouri v. Seibert, ante, at 614-615 (plurality opinion), that rule obviously does not apply to. physical evidence seized once and for all.[2]
There is no way to read this case except as an unjustifiable invitation to law enforcement officers to flout Miranda when there may be physical evidence to be gained. The incentive is an odd one, coming from the Court on the same day it decides Missouri v. Seibert, ante, p. 600. I respectfully dissent.
In so saying, we are taking the legal issue as it comes to us, even though the facts give off the scent of a made-up case. If there was a Miranda failure, the most immediate reason was that Patane told the po[*646] lice to stop giving the warnings because he already knew his rights. There could easily be an analogy in this case to the bumbling mistake the police committed in Oregon v. Elstad, 470 U. S. 298 (1985). See Missouri v. Seibert, ante, at 614-615 (plurality opinion).
To the extent that Michigan v. Tucker, 417 U. S. 433 (1974) (admitting the testimony of a witness who was discovered because of an unwarned custodial interrogation), created another exception to Miranda, it is off the point here. In Tucker, we explicitly declined to lay down a broad rule about the fruits of unwarned statements. Instead, we “place[d] our holding on a narrower ground,” relying principally on the fact that the interrogation occurred before Miranda was decided and was conducted in good faith according to constitutional standards governing at that time. 417 U. S., at 447-448 (citing Escobedo v. Illinois, 378 U. S. 478 (1964)).
Dissent
dissenting.
For reasons similar to those set forth in Justice Souter’s dissent and in my concurring opinion in Missouri v. Seibert, ante, at 617, I would extend to this context the “fruit of the poisonous tree” approach, which I believe the Court has come close to adopting in Seibert. Under that approach,[*648] courts would exclude physical evidence derived from unwarned questioning unless the failure to provide Miranda v. Arizona, 384 U. S. 436 (1966), warnings was in good faith. See Seibert, ante, at 617-618 (Breyer, J., concurring); cf. ante, at 645-646, n. 1 (Souter, J., dissenting). Because the courts below made no explicit finding as to good or bad faith, I would remand for such a determination.