Legal Research

"U.S. Supreme Court "Miranda" Decisions"

This post was written by Chuck Kallendorf: "The United States Supreme Court, yesterday and the day before, issued rulings seen by some as further weakening defendants' Miranda rights.

Last Tuesday, the Court in Florida v. Powell held that Florida's alternative wording of the Miranda warning was acceptable, even though it does not explicitly state that a suspect has a right to have a lawyer present during questioning.

Maryland v. Shatzer, yesterday, established new, more permissive rules for police who want to question a suspect for a second time after the suspect invokes Miranda's right to remain silent.

Law.com this morning said that latter case in particular "weakens the so-called rule evolved from Edwards v. Arizona in 1981 , which stated that, once a suspect invokes Miranda, any subsequent waiver of the right triggered by a police request is deemed involuntary -- making further police questioning improper...

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Source: Hamilton County Law Library Blog, 25 February 2010. Reproduced with permission.

Full post as published by Stark County Law Library Blawg on February 26, 2010 (boomark / email).