Saturday, February 27, 2010

FLORIDA V POWELL -- a USSC opinion of little consequence

Whenever I see an opinion written by Ruth Bader Ginsburg, former ACLU lawyer, that favors law enforcement, I have to assume that it is going to be another milqetoast ruling.

POWELL is that and more.

Basically, the USSC, through Ginsburg, ruled that if a suspect in custody is told during his MIRANDA warning that he has the right to talk to a lawyer before questioning -- and that he has the right "to use any of these rights at any time you want during the interview," the officer is explaining to the suspect that he has the right to an attorney during the interrogation.

Therefore Powell's statement was admissible.

Best -

DA

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