Editor's Note :

Editor's Note :

This week the blog will publish a multi-part online symposium on United States v. Texas, a challenge by Texas and twenty-five states to the Obama administration's deferred-action policy for immigration. Contributions to this special feature, as well as an “explainer” by this blog's Lyle Denniston, are available here.

Florida v. Powell

Docket No. Op. Below Argument Opinion Vote Author Term
08-1175 Supreme Court of Florida Dec 7, 2009
Tr.
Feb 23, 2010 7-2 Ginsburg OT 2009

Holding: Criminal suspects have a right to have their lawyer present during police questioning, and the police are required to inform suspects of that right as part of their Miranda warning. In this case, police officers told a suspect that he had the right to talk to a lawyer before answering [any] questions and [y]ou have the right to use any of these rights at any time you want during this interview. The Court held that even though this warning did not specifically mention the right to have a lawyer present during questioning (as opposed to the right to talk to the lawyer before questioning), the warning nonetheless was constitutional because it conveyed to the suspect that he had the right to have an attorney present.

Judgment: Reversed and remanded, 7-2, in an opinion by Justice Ruth Bader Ginsburg on February 23, 2010. Justice Ginsburg wrote the majority opinion, while Justice Stevens, joined in part by Justice Breyer, wrote in dissent.

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