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Famous Miranda rights warning could get rewrite

Discussion in 'Other News' started by Baack, Dec 8, 2009.

Dec 8, 2009 #1

Baack Road Train Member

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May 24, 2007

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WASHINGTON The Supreme Court on Monday seemed headed toward telling police they must explicitly advise criminal suspects that their lawyer can be present during any interrogation.
The arguments in front of the justices were the latest over how explicit the Miranda warning rights have to be, as justices debated whether the warnings police gave Kevin Dwayne Powell made clear to him that he could have a lawyer present while being interrogated by police.
Powell was convicted of illegally possessing a firearm after telling police he bought the weapon "off the street" for $150 for his protection. Before his confession, Powell signed a Miranda statement that included the statements "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."
The Florida Supreme Court overturned the conviction on grounds the Tampa police didn't adequately convey to Powell that he was allowed to have a lawyer with him during questioning.
Joseph W. Jacquot, Florida deputy attorney general, argued that the warning given Powell "expresses all the rights required under Miranda."
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http://news.yahoo.com/s/ap/20091207/ap_on_go_su_co/us_supreme_court_miranda

Baack, Dec 8, 2009

Baack, Dec 8, 2009

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