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CASES

By Jeffrey Ivashuk

Criminal law -- Evidence -- Statements of defendant -- Miranda warnings -- Recent decision in Powell v. State, holding that a police department's standard Miranda warnings were deficient because they did not inform defendant of right to have counsel present during questioning, requires reversal of court's denial of motion to suppress statements defendant made to detectives at police station and statements made to detectives en route to police station -- Question certified: Does the failure to provide express advice of the right to the presence of counsel during questioning vitiate Miranda warnings which advise of both (a) the right to talk to a lawyer ?before questioning? and (b) the ?right to use? the right to consult a lawyer ?at any time? during questioning?Reported at 33 Fla...continue to full post

Full post as published by JAABlog on February 01, 2008 (boomark / email).