police arrest D and try to Mirandize him and D states he knows his rights and the police never finish the warning. They ask him if he has a gun and he tells them he has a gun in his bedroom
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does the pistol get suppressed as a fruit of the poisonous tree?
No. Miranda violations that lead to the finding of physical evidence are not excluded. Physical evidence is not suppressible based on a mere Miranda violation because Miranda does not protect against physical evidence, only testimonial. o Thomas (3 votes): a 5th Amendment violation occurs at trial, not when the statement is made.

Miranda is a prophylactic, not a core constitutional requirement. The gun is not a fruit, because there has not yet been a tree because we are not at trial. o    Kennedy (2 votes): Reliability cost/benefits, its one thing to keep out a statement, its quite another to keep out a reliable piece of physical evidence o    Dissent Souter (3 votes): the two-tier system of core violations and Miranda violations stillexists

Dissent Breyer (1 vote): thinks there should be a good faith/bad faith test to determine
whether or not the evidence should be suppressed