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Wass v. Idaho, No. 17-425 (U.S. Supreme Court)

We recently filed a petition for certiorari asking the Supreme Court to review the constitutionality and consequences of “question first” tactics sometimes employed by law enforcement. As a general rule, police officers are required to inform an arrested person of the right to remain silent and, if the officer fails to do so, any statements made will be inadmissible in court. "Question first" refers to an officer interrogating a suspect without advising him of his rights in order to obtain a statement, only to later advise the suspect of his rights and have the suspect make the same statements. Almost all courts currently hold that the statements become admissible in this circumstance; we are asking the Supreme Court to rule otherwise.

Click here to read the petition for certiorari.
Click here to read the State's opposition.
Click here to read the reply.