In Arizona v. Edwards the Supreme Court ruled that once an individual asserted his/her Miranda rights during a custodial interrogation the interrogation could not resume until an attorney was appointed unless the suspect initiated the renewed interrogation. Yesterday in Shatzer v. Maryland, the court ruled that the interrogation could resume, even though the suspect did not initiate the renewed interrogation if a break in custody of at least two weeks occurred between the initial interrogation and the resumption.

In 2003 Hagertown, Maryland police officer Shane Blankenship interrogated Michael Blaine Shatzner regarding an allegation that he sexually abused his young child. At the time Shatzner was in prison on separate charges. Shatzner claimed his rights under Miranda to have an attorney present. The interrogation was terminated. Two and a half years later a different Hagertown officer renewed the interrogation. Shatzner told the officer that he thought the investigation had ended but he agreed to talk and in writing he waived his Miranda rights and gave an incriminating statement. His statement was admitted at trial and he was convicted.

On appeal he challenged the admission of the statement. The Supreme Court ruled that since the second interrogation was more than two weeks after the first, “there is little reason to think that his change of heart regarding interrogation without counsel has been coerced.” But by setting a two week “rule” the Court allows overly zealous police officers to arrest someone every two weeks, interrogate him or her and then release the suspect if a Miranda claim is made, only to repeat the scenario every two weeks until the suspect gives in. This is the very type of badgering Miranda was written to prevent.