Federal judge in Miami rejects Miranda warning used by Homeland Security

http://www.sun-sentinel.com/news/local/southflorida/sfl-0805mirandajudge,0,5319183.story?coll=sfla-home-headlines

 

Well, that IS the law and these folks certainly KNEW it at the time.

N.B. Homeland Security in this case probably means the Coast Guard and this was ordinary law enforcement not terrorism.

The old line sure blurs easily, don't it?

 

Ohgod... no... not Miranda again.

 

Well, if you're only told you have the right to an attorney present before questioning, doesn't that lead to the possible conclusion that the cop can tell you, "All right, buddy, you had you're lawyer present before questioning! Get him outta her cuz the questioning's gonna begin!"

 

I'm sure that's exactly the conclusion to which the court worried the suspect could wrongly come. However, as long as he does ask for (and get) an attorney, it all becomes kinda' moot 'cause the attorney, once present, will make sure all goes according to Hoyle in any case. That's yet another reason for the suspect not to even mess with it; and to effectively stand mute as to all but identity (that is, unless that, itself, would tend to incriminate) by simply politely apologizing to the officer if it seems uncooperative and offering to completely cooperate once the suspect's attorney is present. All of law enforcement's little games, ruses and misdirections stop and/or have no effect when it's done that way.

Suspects always think they can explain their way out of it; and cops know this and just let them talk. I learned many years ago that one should not even fight a speeding ticket without a lawyer. I had excellent success at arrogantly doing that once when in college, but I now realize that that was a remarkably lucky moment... a fluke. Based on that, years later, I stupidly thought I could do it a second time... and got my clock cleaned. But the instant I paid an attorney to show-up, to tell me to sit down and shut-up in the back of the court room, and then to just wait and watch while he walked-up to the prosecution table and negotiated my speeding ticket down to a non-moving violation in 38.4 seconds flat, I was convinced. Of course my clean driving record then (and now, I suppose, if it ever happened again) helped. But I'm just sayin'.

Today, I barely even fart without a lawyer present. Asking for one is the absolutely first thing that almost anyone arrested for almost anything should do.

Or so it is my advice.