"You have a right to remain silent"?

    In the landmark case of Miranda v. Arizona, the United States Supreme Court held:  "[A suspect] must be warned prior to any questioning [1] that he has the right to remain silent, [2] that anything he says can be used against him in a court of law, [3] that he has the right to the presence of an attorney, and [4] the if he cannot afford an attorney one will be appointed for him prior to any questioning if he so desires."  Miranda v. Arizona, 384 U.S. 436.  These words have become universally known as "Miranda Warnings" or "Miranda Rights."  However, due to two (2) recent United States Supreme Court decisions, the effect of these words and rights they give a suspect have been limited.

    First, in Florida v. Powell, No. 08-1175 (Decided February 23, 2010), the U.S. Supreme Court failed to provide a precise formula or express terms necessary for determining whether an officer's words adequately advise a suspect of his or her right to counsel.  In Powell, following an arrest, the suspect was told:  "You have a right to talk to a lawyer before answering any of our questions" and "[y]ou have the right to use any of these rights at any time you want during this interview."  Rather than follow what appeared to be the clear and consistent terms of Miranda -- "you have the right to the presence of an attorney" -- the Court decided to provide police discretion in how they advise a suspect of his/her right to counsel.

    Second, and one day following the Powell decision, the U.S. Supreme Court took the opposite approach in Maryland v. Shatzer, No. 08-680 (Decided February 24, 2010), when it created a 14 day bright-line rule as the length of time for which an invocation of one's right to counsel will stand following a release from custody.  As a result, merely exercising your right to remain silent and/or right to counsel does not have a lasting impact. Instead, any time the police attempt to engage a suspect in questioning, the individual should repeatedly re-assert his/her right to remain silent.

    The moral of the story:  If the police ever attempt to question you, do not rely upon them to clearly inform you of your rights.  Rather, immediately assert your Miranda Rights until you have the opportunity to speak with and be guided by a knowledgable and experienced Pennsylvania Criminal Defense Attorney.