Florida v. Powell

Florida v. Powell, 559 U.S. 50 (2010), was a case in which the Supreme Court of the United States ruled on the language requirements for Miranda warnings.

[1] On August 10, 2004, officers from the Tampa Police Department sought to apprehend the respondent, Kevin Dewayne Powell, in connection with an ongoing robbery investigation.

After he was transported to the headquarters of the Tampa Police Department, officers read Powell the standard departmental consent and release form.

He moved to suppress his statements, contending that his Miranda warning was deficient as it did not advise him of the right to the presence of an attorney during questioning.

In a 7–2 decision authored by Justice Ginsburg, the court held that it retained jurisdiction over this case, and that the warnings given to Powell before his questioning adequately informed him of his right to the presence of an attorney.

On the jurisdictional question, Justice Ginsburg concedes that the Florida Supreme Court rested in part on a provision of its own state constitution, in addition to Miranda, in reaching its decision.

Additionally, Ginsburg's opinion casts doubt on the extent to which the Florida law can be seen as independent from federal judicial review.