By JESSE J. HOLLAND
The Associated Press
Tuesday, February 23, 2010; 11:15 AM
WASHINGTON -- The Supreme Court on Tuesday approved Florida's version of the well-known Miranda rights warning, despite complaints that it wasn't clear a suspect could have a lawyer present during questioning.
The court's 7-2 decision restoring Kevin Dwayne Powell's conviction is the first of several it will make this year clarifying exactly what the long-established Miranda rights require police to do.
Powell was convicted of illegally possessing a firearm after telling police he bought the weapon "off the street" for $150 for his protection. Before his confession, Powell signed a Miranda statement that included the words, "You have the right to talk to a lawyer before answering any of our questions. If you cannot afford to hire a lawyer, one will be appointed for you without cost and before any questioning. You have the right to use any of these rights at any time you want during this interview."
The Florida Supreme Court overturned the conviction, saying police did not explicitly tell him he had a right to a lawyer during his police interrogation.
more:
http://www.washingtonpost.com/wp-dyn/content/article/2010/02/23/AR2010022302087.html