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Deffective Miranda Warnings Could Overturn Convictions in Florida

The Florida Supreme Court, in a 6-1 ruling, held that statements given by suspects after police administer a flawed Miranda warning may not be used as evidence against them.

In The State of Florida v. Kevin Dewayne Powell, The court found that the Tampa Police Department Miranda warnings were misleading as they suggested that a suspect in a criminal case only has the right to consult with an attorney before questioning. According to the opinion, “Both Miranda and the Florida Constitution require that a suspect be clearly informed of the right to have a lawyer present during questioning.”

This ruling is good for anyone who is the suspect of a police investigation, especially in Tampa. The opinion is also good for Florida criminal defense attorneys, who will be able to argue for the suppression of evidence in their client’s pending cases. Click here for the entire opinion http://www.floridasupremecourt.org/decisions/2008/sc07-2295.pdf

I realized after this was posted that I mispelled the word “defective” but chose to leave it as the url was already published>

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