Missouri v. Seibert — Kennedy, J., concurring

Summary

Justice Kennedy, concurring in judgment, argues that the two‑step interrogation technique used in Seibert deliberately undermines Miranda warnings and should be subject to a narrow, case‑specific test rather than a broad multifactor analysis. He agrees with the plurality that post‑warning statements derived from the unwarned portion must be excluded absent curative measures, and he proposes that only a substantial break in time or an additional warning can cure the defect. The concurrence does not create a new holding but offers reasoning on the scope of Miranda’s exclusionary rule.