Page "Miranda warning" Paragraph 107

Every state constitution has articles and provision guaranteeing individual rights.

In most cases the subject matter is similar to the federal bill of rights.

Most state courts interpretation of their constitution is consistent with the interpretation federal court's of analogous provisions of the federal constitution.

With regard to Miranda issues, state courts have exhibited significant resistance to incorporating into their state jurisprudence some of the limitations on the Miranda rule that have been created by the federal courts.

As a consequence a defendant may be able to circumvent the federal limitation on the Miranda rule and successfully challenge the admissibility under state constitutional provisions.

Practically every aspect of the Miranda rule has drawn state court criticism.

However the primary point of contention involve the following limitations on the scope of the Miranda rule: ( 1 ) the Harris exception ( 2 ) the Burbine rule and ( 3 ) the Fare rule.