Missouri v. Seibert — O'Connor, J., dissenting

Summary

Justice O'Connor, dissenting, argues that the plurality should follow Oregon v. Elstad to admit Seibert’s confession. She contends subjective intent is irrelevant to Miranda voluntariness and would vacate the judgment. Justice Kennedy, concurring in the judgment, would exclude deliberate two-step interrogations; Justice Breyer, concurring, joins the plurality.