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28 Fordham Urb. L.J. 1239 (2000-2001)
Do as I Say and Not as I Do: Dickerson, Constitutional Common Law and the Imperial Supreme Court

handle is hein.journals/frdurb28 and id is 1253 raw text is: DO AS I SAY AND NOT AS I DO: DICKERSON, CONSTITUTIONAL COMMON LAW AND THE IMPERIAL SUPREME COURT Kevin McNamee* Alberto Napoli: you're under arrest for the murder of Nicholas Lagrassa. You have the right to remain silent. Anything you say can be used against you in a trial. You have a right to an attorney. If you cannot afford one, one will be appointed to you by a court of law. Do you understand these rights?1 Not the least merit of our constitutional system is that its safe- guards extend to all-the least deserving as well as the most virtuous.2 INTRODUCTION On January 27, 1997, Charles T. Dickerson confessed to a series of bank robberies in Maryland and Virginia. In the subsequent prosecution, the U.S. Attorney's Office based its case in large part on evidence seized from Dickerson's automobile and on the con- fession federal agents elicited from the defendant-all evidence, Dickerson claimed, obtained in violation of the rights protected by * J.D. Candidate, Fordham University School of Law, 2001; B.A., History, B.A. English, Literature & Rhetoric, summa cum laude, Binghamton University, 1997. I would like to thank several faculty members of Fordham Law School: Professor Mar- tin Flaherty for valuable guidance and criticism in shaping this paper, Professor Ed- ward Chikofsky for last minute criticism and suggestions, and Professors Daniel Capra and Hugh Hansen, whose fascinating courses in Criminal Procedure and Con- stitutional Law, respectively, first sparked my interest in Miranda and why judges rule the way they do. Thanks also to my colleagues and friends on the Editorial Board of the Fordham Urban Law Journal, and to the staff members of the Journal, for their invaluable comments and assistance. And finally, credit must be given where it is most due, and volumes of credit must go to the McNamee family for unconditional support, love, and, of course, a touch of humor. 1. Law & Order (NBC television broadcast, Feb. 25, 1998). 2. Hill v. Texas, 316 U.S. 400, 406 (1942). 3. United States v. Dickerson, 166 F.3d 667, 671 (4th Cir. 1999). 1239

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