Justice Breyer, dissenting.

For reasons similar to those set forth in Justice Souter's dissent and in my concurring opinion in Missouri v. Seibert, ante, at __, I would extend to this context the "fruit of the poisonous tree" approach, which I believe the Court has come close to adopting in Seibert. Under that approach, courts would exclude physical evidence derived from unwarned questioning unless the failure to provide Miranda warnings was in good faith. See Seibert, ante, at __ (slip op., at 1) (Breyer, J., concurring); cf. ante, at 1, n. 1 (Souter, J., dissenting). Because the courts below made no explicit finding as to good or bad faith, I would remand for such a determination.

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FOOTNOTES

Footnote 1

The Government concedes that respondent's answers to subsequent on-the-scene questioning are inadmissible at trial under Miranda v. Arizona, 384 U. S. 436 (1966), despite the partial warning and respondent's assertions that he knew his rights.

Footnote 2

The Court of Appeals also distinguished Oregon v. Elstad, 470 U. S. 298 (1985), on the ground that the second (and warned) confession at issue there was the product of the defendant's volition. 304 F. 3d, at 1019, 1021. For the reasons discussed below, we do not find this distinction relevant.

Footnote 3

We acknowledge that there is language in some of the Court's post-Miranda decisions that might suggest that the Miranda rule operates as a direct constraint on police. See, e.g., Stansbury v. California, 511 U. S. 318, 322 (1994) (per curiam); Moran v. Burbine, 475 U. S. 412, 420 (1986) (stating that "Miranda imposed on the police an obligation to follow certain procedures"); cf. Edwards v. Arizona, 451 U. S. 477, 485 (1981). But Miranda itself made clear that its focus was the admissibility of statements, see, e.g., 384 U. S., at 439, 467, a view the Court reaffirmed in Dickerson v. United States, 530 U. S. 428, 443-444 (2000) (equating the Miranda rule with the proposition that "unwarned statements may not be used as evidence in the prosecution's case in chief " (emphasis added)).

Footnote 4

We reject respondent's invitation to apply the balancing test of Nardone v. United States, 308 U. S. 338 (1939). Brief for Respondent 15-33. At issue in Nardone was the violation of a federal wiretap statute, and the Court employed an exclusionary rule to deter those violations. But, once again, there are no violations (statutory or constitutional) to deter here.

Footnote 5

It is worth mentioning that the Court of Appeals did not have the benefit of our decision in Chavez v. Martinez, 538 U. S. 760 (2003).

Footnote 6

While Fourth Amendment protections extend to "persons, houses, papers, and effects," the Self-Incrimination Clause prohibits only compelling a defendant to be "a witness against himself," Amdt. 5.

Footnote 7

It is not clear whether the Government could have used legal processes actually to compel respondent to produce the Glock, though there is a reasonable argument that it could have. See, e.g., United States v. Hubbell, 530 U. S. 27, 42-45 (2000); Baltimore City Dept. of Social Servs. v. Bouknight, 493 U. S. 549, 554-556 (1990); Fisher v. United States, 425 U. S. 391 (1976); Warden, Md. Penitentiary v. Hayden, 387 U. S. 294, 302-303 (1967); Schmerber v. California, 384 U. S. 757, 761 (1966). But see Commonwealth v. Hughes, 380 Mass. 583, 404 N. E. 2d 1239 (1980); Goldsmith v. Superior Court, 152 Cal. App. 3d 76, 199 Cal. Rptr. 366 (1984). In light of this, it would be especially odd to exclude the Glock here.