Does telling a suspect that “You have the right to talk to a lawyer before answering any of our questions” and “You have the right to use any of these rights at any time you want during this interview” mean the same thing as “You have the right to an attorney during questioning?”
In the case of Florida v. Powell decided February 23, 2010, the U.S. Supreme Court reversed the Florida Supreme Court’s holding that the statements made by the police were misleading because they seemed to imply that the suspect only had a right to an attorney prior to the interrogation. The case of Miranda v. Arizona (1966) requires that a suspect must be clearly warned prior to any questioning that he has the right to consult with a lawyer and to have the lawyer present with him during interrogation.
The Supreme Court stated that the exact warning given did satisfy the requirements in Miranda. The Court declined to prescribe any exact phraseology. What are your thoughts? Do you believe the statement “You have the right to use any of the rights at any time you want during this interview” is clear enough to inform a suspect that he or she can have an attorney present during an interrogation? Why or why not?
In the eyes of the law 
“you have the right to use any of the rights ….” what does that even mean? Not everyone knows their rights, so whatever the statement used should specify the right to an attorney and include the time when the attorney can be present.
Although it is very smart to know your rights, suspects should always be informed of all of their rights.
Do you believe the statement “You have the right to use any of the rights at any time you want during this interview” is clear enough to inform a suspect that he or she can have an attorney present during an interrogation? Why or why not?
That statement is about as clear as mud. What if the suspect lacks the education necessary to reason the fact that he can have the attorney with him/her at all times? Police should have to clearly state the Miranda rights verbatim or I believe it is a violation of the suspects rights. All the suspects rights should be read and if not, nothing they say should be used against them.
I agree with Vinny’s statement that police be required to read suspects their Miranda rights verbatim. I would go a step further and make it mandatory for the suspect to have a copy of the Miranda rights in written form. Now I am going to climb the entire flight of stairs, by saying a suspect be provided with legal council before he is interviewed, namely immediately after being detained, unless he specifically requests that an attorney’s presence is not wanted.
“You have the right to use any of the rights at any time you want during this interview” is rather vague. I feel that police and other officials will often either try to find a way to manipulate suspects. Just because this was stated doesn’t mean the person is educated to know that they should have the right to an attorney. At the same time, they may not understand the vocabulary used in reading the Miranda rights verbatim.
The other part of this statement that is misleading is that I am under the impression that once you give up your rights you can’t just get them back whenever you want which is what this statement implies. Correct me if I’m wrong.
“You have the right to use any of the rights at any time you want during this interview” is not clear enough to inform a suspect of anything. Whenever police start talking to “suspects” they turn to their own language that leaves the suspect confused and with the expression of “ugh?”. Police use some sort of reverse phycology to empower themselves over any suspect in which it is wrong because they are too civilians and the LAW is above them.
Even though police can be confusing or misleading, all citizens should be aware of their rights. Reading the U.S. CONSTITUTION every once in a while would be helpful.
I am in accordance with the others on this one. Police officers often purposefully mislead suspects (a derogatory term in the first place) into situations where they feel the need to divulge information. Often times the fear of punishment is used as a motivation for fessing up or dropping names. I believe, like Vinny, that the Miranda rights should be a verbatim statement that is read before the cop is allowed to ask a single question. When you are pulled over for speeding, you are not “free to leave”, and are thus under the temporary custody of the police. You should be read your rights and have the right to call an attorney before you speak with the police regarding the matter at hand.
To tell someone that they “have the right to use any of the rights” lets someone know that they can use their rights, but does not tell the suspect know what those rights are. In my opinion, this statement does not satisfy the requirements put in place by Miranda v. Arizona and does not clearly tell the suspect that he or she can have a lawyer present during interrogation.
The US Supreme Court’s decision is surprising to me. I do not agree with the Florida Supreme Court’s holding, which states that the police implied that the suspect only had a right to an attorney prior to the interrogation. I just do not think that the statement makes any sense and it did not clearly explain the suspect’s rights.
“you have the right to use any of these rights” would definitely not catch my attention if i was being interrogated. I would also agree that these rights should be in paper form readily available to the one in question. if this form was signed and documented it would be the only true way to make sure each individual knows their rights instead of making sure the police official says everything they need to say word for word.
If I was being interrogated by the police and they said to me, “you have the right to use any of these rights” I would not have the slightest clue as to what they were talking about. Eventually I would figure out that I still have my right to an attorney and the right to remain silent, however it seems to me that the speech chosen is intentially misleading and confusing in order to help with more confessions.