Saturday, August 06, 2005

Judge in Miami Rejects Miranda Warning Used by Homeland Security

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.

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