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Supreme Court OKs Florida Miranda rights warnings

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Freddie Stubbs Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Feb-24-10 12:23 AM
Original message
Supreme Court OKs Florida Miranda rights warnings
By JESSE J. HOLLAND
The Associated Press
Tuesday, February 23, 2010; 11:15 AM

WASHINGTON -- The Supreme Court on Tuesday approved Florida's version of the well-known Miranda rights warning, despite complaints that it wasn't clear a suspect could have a lawyer present during questioning.

The court's 7-2 decision restoring Kevin Dwayne Powell's conviction is the first of several it will make this year clarifying exactly what the long-established Miranda rights require police to do.

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 words, "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, saying police did not explicitly tell him he had a right to a lawyer during his police interrogation.

more: http://www.washingtonpost.com/wp-dyn/content/article/2010/02/23/AR2010022302087.html
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ananda Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Feb-24-10 12:27 AM
Response to Original message
1. Why don't we just overturn all the laws and protections..
.. and just go ahead and be the fascist police state
that we are.

This is just nauseating.
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kenny blankenship Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Feb-24-10 12:49 AM
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2. How long before this court decides to "revisit" Scott v. Sanford?
I know they're all about respecting precedent - allegedly, but just look at the precedents they've been (re)setting. They don't stare decisis on a moving train, or much of anything.
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