Pubdate: Sun, 07 Aug 2005
Source: Ledger, The (FL)
Copyright: 2005 The Ledger
Contact:  http://www.theledger.com/
Details: http://www.mapinc.org/media/795
Author: Curt Anderson, The Associated Press
Bookmark: http://www.mapinc.org/coke.htm (Cocaine)

JUDGE - WARNING INSUFFICIENT

The Miranda Rights Federal Agents Read Were Ruled Unconstitutional

MIAMI -- A federal judge has ruled as unconstitutional the Miranda rights 
warning used by Homeland Security Department agents to interrogate suspects 
in a drug smuggling case, prompting the agency to take steps ensuring that 
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 they could have a 
lawyer 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. "This court cannot 
conclude, as the government suggests, that a suspect unschooled in the law 
would infer from the warnings that he or she has the right to presence of 
counsel at any time after questioning has begun."

Snow's ruling in Fort Lauderdale was issued July 26 but not made public 
until Friday by Miami defense lawyer Ellis Rubin, who brought successful 
challenges to similar flaws in Miranda warnings in several high-profile 
cases in Broward County.

Rubin said the ruling could jeopardize statements given to interrogators in 
numerous other cases, including those involving suspected terrorists, 
illegal aliens and other drug smugglers.

In a statement Friday issued in Washington, the Immigration and Customs 
Enforcement arm of Homeland Security said that the Miranda warning its 
agents used in Miami differed from the one that had been approved.

The statement said that after the ruling, ICE "took immediate action to 
ensure that every single field office in the country is using the proper 
Miranda form in both English and Spanish."

Snow recommended to U.S. District Judge James Cohn, who is presiding over 
the case, that statements made by four of the suspects using a flawed 
Miranda form be barred from evidence at their upcoming trial.

The statement by the fifth suspect, using a valid Miranda form, was allowed.
- ---
MAP posted-by: Beth