The Supreme Court on Miranda: Shatzer and Powell

The United States Supreme Court has decided two Miranda cases in the past two days. The prosecution won both cases. Tuesday, the Court decided Florida v. Powell. In Powell, the defendant was arrested, apparently for robbery. Before questioning him, the police told him, inter alia, that "[y]ou have the right to talk to a lawyer before answering any of our questions" and that "[y]ou have the right to use any of these rights at any time you want during this interview." The defendant agreed to talk, admitted to owning a gun the officers had found during the course of the arrest, and was ultimately charged with possession of a firearm by a convicted felon. The defendant moved to suppress his statement, citing the language in Miranda requiring that a suspect "be clearly informed that he has the right to consult with a lawyer and to have the lawyer with him during interrogation." Specifically, he contended that the police only told him that he could talk to a lawyer before questioning, but failed to advise him that he could have a lawyer present during the interrogation. The trial court didn't buy the defendant's argument, and he was convicted at trial. On appeal, the state intermediate appellate court and the Florida Supreme Court concluded otherwise, finding that the warnings were inadequate. The United States Supreme Court disagreed. (The vote was 7-2, with Justice Ginsburg writing for the Court and Justices Stevens and Breyer dissenting.) It stated that it has never "dictated words" or [...]