On July 8, 2011, Scott Coleman learned the hard way that a police officer’s failure to read him his complete Miranda warnings might not afford a criminal defendant the same protections it once might have. [See State v. Coleman, 36 Fla. L. Weekly D1487a (Fla. 5th DCA 2011)]. You see, the U.S. Supreme court had rule long ago that if law enforcement officers were going to conduct an interrogation of a suspect in their custody, they had to inform that suspect of her or his right to not answer questions, the fact that there statements will be used against them, that they have a right to have counsel present with them during questioning, that if they cannot afford to pay for an attorney, one will be appointed to help them and that they can terminate questioning at any time.
In Mr. Coleman’s case, the police officer failed to tell him that he had a right to have a lawyer present during questioning, and Mr. Coleman proceeded to answer questions without a lawyer present and made harmful statements. The trial judge found that the Miranda warning read to Mr. Coleman was defective under the case of Powell v. State of Florida, since it did not advise him that he had the right to speak with an attorney during police questioning. However, the U.S. Supreme Court reversed Powell in 2010.
The State then challenged the order suppressing statements made by Coleman. The Florida 5th District Court of Appeals reversed the suppression Mr. Coleman’s statement and held that a Miranda warning is sufficient so long as it reasonably conveys the required information to the suspect. The warning form advised him that he had the right to speak with an attorney before talking with law enforcement; that if he could not afford an attorney, one would be appointed before questioning; and that he could, at any time, exercise these rights and decline to answer any questions. These warnings reasonably conveyed to him that he had the right to have an attorney present at all times.
Had Mr. Coleman made a smarter decision and asked to speak to an attorney, his attorney would likely have pointed out how his statements might be harmful and would have advised him to remain silent. Furthermore, if he had requested an attorney and the officer continued the questioning without the attorney there, his statements would certainly have been suppressed. Mr. Coleman learned the hard way that you cannot always rely on “the system” to strictly enforce the rules of the game. Always ask to speak to a lawyer!!
John M. Howe is Of Counsel at the Law Offices of Lesser, Lesser, Landy & Smith, PLLC in West Palm Beach, Florida. Mr. Howe is the President of the Palm Beach County Bar Association and a Director-At-Large of the Florida Association of Criminal Defense Lawyers. To learn more about Mr. Howe and LLL&S, visit them on the web at www.lesserlawfirm.com.
