Posted On: February 24, 2010
CALIFORNIA CRIMINAL DEFENSE: MIRANDA ON THE BLINK
RIGHT TO COUNSEL DURING INTERROGATION
It's Miranda week at the U.S. Supremes, and they hand over two losses to the defense. The first one deals with the right of the defendant to have counsel DURING questioning. The Florida police here told the defendant that he had the right to counsel BEFORE questioning, and that he had the right to use any of his rights at any time.
The U.S. Supremes assure us that this made it clear to the defendant that he had the right to counsel during questioning.
Florida v. Powell; 2010 DJ DAR 2675; DJ, 2/24/10; U.S. Supreme Court
