Florida v. Powell

Amicus curiae brief of the National Association of Criminal Defense Lawyers and the National Association of Federal Defenders.

Brief filed: 12/07/2009


Florida v. Powell

United States Supreme Court; Case No. 08-1175

Prior Decision

Case below, 998 So.2d 531 (Fla. 2008).


The Tampa, Fla., police department’s imprecise Miranda­-type warning that advises “You have the right to talk to a lawyer before answering any of our questions” but does not explicitly advise of the right to have a lawyer present during questioning comport with Miranda v. Arizona? Brief argues that any form warning that systematically omits mention of a core Fifth Amendment right does not pass constitutional muster.

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Linda T. Coberly, Winston & Strawn, Chicago, and Gene C. Schaerr and Geoffrey P. Eaton, Winston & Strawn, Washington, DC.