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SCOTUS could clarify Miranda warning rights

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The nation's highest court is considering an appeal that has the potential to affect every arrest and criminal case in the country, including those in Indiana.

Justices heard arguments today in Florida v. Kevin Dewayne Powell, No. 08-1175, a test case from Florida's highest court that could clarify exactly what kind of attorney warning police must give suspects before starting interrogations.

More than 40 years after the Supreme Court of the United States issued the landmark decision of Miranda v. Arizona 384 U.S. 436 (1966), deciding that defendants must be informed of their right to counsel before and during questioning, courts have continued struggling to determine the exact content of the warnings that police must provide to suspects before beginning custodial interrogations. This case tests the sufficiency of Miranda warnings that don't specifically mention a person's right to an attorney during questioning.

In this case, defendant Kevin Dewayne Powell was prosecuted for being a felon in possession of a firearm. Police interrogated him post-arrest and he made several incriminating statements, including admitting that he owned the firearm in question. Those statements were introduced at trial over defense counsel's objection that they were improperly obtained in violation of Miranda.

Specifically, police gave Powell a form and obtained his signature before starting the questioning: "You have the right to remain silent. If you give up this right to remain silent, anything you say can be used against you in court. You have the right to talk to a lawyer before answering any of our questions. If you cannot afford to hire a lawyer, one will be appointed for you without cost and before any questioning. You have the right to use any of these rights at any time you want during this interview."

Powell was ultimately convicted, but on appeal the state's appellate courts reversed on grounds that the Miranda warnings were constitutionally deficient for not clearly warning Powell of his right to have an attorney present during questioning. The state petitioned for certiorari and the SCOTUS granted it.

In its merit brief, the Florida Attorney General's Office notes a split among the federal Circuits and various state appellate courts about whether warnings "reasonably convey" the required information to criminal defendants. Four Circuits have held that suspects must be expressly informed of the right to have an attorney present during questioning; while four other Circuits - including the 7th Circuit Court of Appeals - have found Miranda warnings sufficient even when those warnings lack explicit statements about the right to counsel during interrogation. That 7th Circuit ruling came in U.S. v. Adams, 484 F.2d 357 (7th Cir. 1973), which held that a suspect had been Mirandized effectively despite the fact that warnings he received didn't inform him of his right to have an attorney present during questioning.

Florida emphasized that these contradictory holdings impose a significant burden on law enforcement officials across the country, and the state is asking the court to clarify exactly what types of warnings Miranda requires.

On the merits, Powell contends that the Florida Supreme Court's decision is fully consistent with Miranda and the subsequent decisions interpreting Miranda. The court has always required Miranda warnings to "clearly inform" suspects of their rights, including their right to have counsel present during any custodial interrogation. Powell argues that numerous federal decisions that have found that warnings communicating only the right to counsel "before questioning" are inadequate and misleading, and that affirming the state decision would not burden law enforcement because most federal, state, and local law enforcement agencies already use Miranda forms that expressly mention the right to counsel during interrogations.

Several organizations have filed amicus briefs in the case, including the U.S. government, the National Association of Criminal Defense Lawyers and the National Association of Federal Defenders.

The defense attorney groups argue that if the justices overturn the Florida decision and allow police to use form warnings like used in this Tampa situation, widespread abuse by law enforcement would follow.

"A 'race to the bottom' would inevitably ensue, as States and municipalities test the limits again and again with their form warnings, in an effort to skirt the edges of the Fifth Amendment while still minimizing the presence of lawyers who they believe may interfere with their information-gathering function," the brief says. "The result would be the same sort of abuses that led this Court to adopt Miranda in the first place."

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  1. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  4. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

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