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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. Brian W, I fear I have not been sufficiently entertaining to bring you back. Here is a real laugh track that just might do it. When one is grabbed by the scruff of his worldview and made to choose between his Confession and his profession ... it is a not a hard choice, given the Confession affects eternity. But then comes the hardship in this world. Imagine how often I hear taunts like yours ... "what, you could not even pass character and fitness after they let you sit and pass their bar exam ... dude, there must really be something wrong with you!" Even one of the Bishop's foremost courtiers said that, when explaining why the RCC refused to stand with me. You want entertaining? How about watching your personal economy crash while you have a wife and five kids to clothe and feed. And you can't because you cannot work, because those demanding you cast off your Confession to be allowed into "their" profession have all the control. And you know that they are wrong, dead wrong, and that even the professional code itself allows your Faithful stand, to wit: "A lawyer may refuse to comply with an obligation imposed by law upon a good faith belief that no valid obligation exists. The provisions of Rule 1.2(d) concerning a good faith challenge to the validity, scope, meaning or application of the law apply to challenges of legal regulation of the practice of law." YET YOU ARE A NONPERSON before the BLE, and will not be heard on your rights or their duties to the law -- you are under tyranny, not law. And so they win in this world, you lose, and you lose even your belief in the rule of law, and demoralization joins poverty, and very troubling thoughts impeaching self worth rush in to fill the void where your career once lived. Thoughts you did not think possible. You find yourself a failure ... in your profession, in your support of your family, in the mirror. And there is little to keep hope alive, because tyranny rules so firmly and none, not the church, not the NGO's, none truly give a damn. Not even a new court, who pay such lip service to justice and ancient role models. You want entertainment? Well if you are on the side of the courtiers running the system that has crushed me, as I suspect you are, then Orwell must be a real riot: "There will be no curiosity, no enjoyment of the process of life. All competing pleasures will be destroyed. But always — do not forget this, Winston — always there will be the intoxication of power, constantly increasing and constantly growing subtler. Always, at every moment, there will be the thrill of victory, the sensation of trampling on an enemy who is helpless. If you want a picture of the future, imagine a boot stamping on a human face — forever." I never thought they would win, I always thought that at the end of the day the rule of law would prevail. Yes, the rule of man's law. Instead power prevailed, so many rules broken by the system to break me. It took years, but, finally, the end that Dr Bowman predicted is upon me, the end that she advised the BLE to take to break me. Ironically, that is the one thing in her far left of center report that the BLE (after stamping, in red ink, on Jan 22) is uninterested in, as that the BLE and ADA office that used the federal statute as a sword now refuses to even dialogue on her dire prediction as to my fate. "C'est la vie" Entertaining enough for you, status quo defender?

  2. Low energy. Next!

  3. Had William Pryor made such provocative statements as a candidate for the Indiana bar he could have been blackballed as I have documented elsewhere on this ezine. That would have solved this huuuge problem for the Left and abortion industry the good old boy (and even girl) Indiana way. Note that Diane Sykes could have made a huuge difference, but she chose to look away like most all jurists who should certainly recognize a blatantly unconstitutional system when filed on their docket. See footnotes 1 & 2 here: http://caselaw.findlaw.com/us-7th-circuit/1592921.html Sykes and Kanne could have applied a well established exception to Rooker Feldman, but instead seemingly decided that was not available to conservative whistleblowers, it would seem. Just a loss and two nice footnotes to numb the pain. A few short years later Sykes ruled the very opposite on the RF question, just as she had ruled the very opposite on RF a few short years before. Indy and the abortion industry wanted me on the ground ... they got it. Thank God Alabama is not so corrupted! MAGA!!!

  4. OK, take notice. Those wondering just how corrupt the Indiana system is can see the picture in this post. Attorney Donald James did not criticize any judges, he merely, it would seem, caused some clients to file against him and then ignored his own defense. James thus disrespected the system via ignoring all and was also ordered to reimburse the commission $525.88 for the costs of prosecuting the first case against him. Yes, nearly $526 for all the costs, the state having proved it all. Ouch, right? Now consider whistleblower and constitutionalist and citizen journalist Paul Ogden who criticized a judge, defended himself in such a professional fashion as to have half the case against him thrown out by the ISC and was then handed a career ending $10,000 bill as "half the costs" of the state crucifying him. http://www.theindianalawyer.com/ogden-quitting-law-citing-high-disciplinary-fine/PARAMS/article/35323 THE TAKEAWAY MESSAGE for any who have ears to hear ... resist Star Chamber and pay with your career ... welcome to the Indiana system of (cough) justice.

  5. GMA Ranger, I, too, was warned against posting on how the Ind govt was attempting to destroy me professionally, and visit great costs and even destitution upon my family through their processing. No doubt the discussion in Indy today is likely how to ban me from this site (I expect I soon will be), just as they have banned me from emailing them at the BLE and Office of Bar Admission and ADA coordinator -- or, if that fails, whether they can file a complaint against my Kansas or SCOTUS law license for telling just how they operate and offering all of my files over the past decade to any of good will. The elitist insiders running the Hoosier social control mechanisms realize that knowledge and a unified response will be the end of their unjust reign. They fear exposure and accountability. I was banned for life from the Indiana bar for questioning government processing, that is, for being a whistleblower. Hoosier whistleblowers suffer much. I have no doubt, Gma Ranger, of what you report. They fear us, but realize as long as they keep us in fear of them, they can control us. Kinda like the kids' show Ants. Tyrannical governments the world over are being shaken by empowered citizens. Hoosiers dealing with The Capitol are often dealing with tyranny. Time to rise up: https://www.theguardian.com/technology/2017/jan/17/governments-struggling-to-retain-trust-of-citizens-global-survey-finds Back to the Founders! MAGA!

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