|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|08-1175||Supreme Court of Florida||
Dec 7, 2009
||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.