Orozco v. Texas/Concurrence Harlan

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.