Judge in Miami Rejects Miranda Warning Used by Homeland Security

[NNN0LHI]

http://ap.tbo.com/ap/breaking/MGBZAFE11CE.html

MIAMI (AP) - A federal judge ruled unconstitutional a Miranda rights warning that Homeland Security agents used to interrogate drug-smuggling suspects, prompting the agency to make sure a legally sufficient warning is used nationwide.

U.S. Magistrate Judge Lurana Snow ruled that statements made by four men accused of smuggling cocaine aboard a cruise ship could not be introduced in court because the Miranda warning failed to spell out that they could have an attorney present during - not just before - interrogation by authorities.

"From a legal standpoint, the warnings on the Homeland Security form are ambiguous, at best," Snow said in her 16-page decision.

The ruling was issued July 26 but not made public until Friday by defense attorney Ellis Rubin, who brought successful challenges to similar flaws in police Miranda warnings in Broward County.

[Ksec]

1. step one in bringing miranda rights down

I think this is one of the things we will lose with the cons running the SC.

[mike_c]

2. we'll still have the right to an attorney, and to remain silent, etc...

...just not the notification of it if the repigs have their way. The solution to that-- a partial solution anyway-- is to broadly publicize that information independently of the police so that suspects know their rights before they are arrested.

[liberaltrucker]

3. Damn....Future shock

Homeland Security agents? It just hit me. What next, mein fuhrer:scared:

[wli]

4. there goes Miranda, another casualty of the Homeland Offense Gestapo

[Syncronaut Seven]

5. They would also like very much to stop providing public defenders

Clearly the whole process could be "privatized" quite nicely.