LOUIS COOK, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Louis Cook was convicted of burglary and petit theft after a custodial interrogation. The Fourth District Court of Appeal reversed, holding that the Miranda warnings given to Cook failed to adequately inform him of his right to have counsel present during interrogation, as required by controlling Fourth District precedent.
The court held that the Miranda warnings were constitutionally inadequate because they failed to inform Cook that he had the right to have an attorney present during questioning as well as before questioning. The signed waiver form, considered in conjunction with the warnings, did not sufficiently cure this deficiency.
[1] Miranda warnings must clearly inform an individual in custody that they have the right to consult with a lawyer and to have that lawyer present during interrogation.
[2] A Miranda warning stating only the right to talk with a lawyer and have a lawyer present before questioning is insufficient.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Under Miranda, an individual held for interrogation must be clearly informed that he has the right to consult with a lawyer and to have the lawyer with him during interrogation. This warning is an absolute prerequisite to interrogation.”
Establishes the constitutional requirement that Miranda warnings must inform a suspect of the right to counsel during interrogation, not merely before it.
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Join FLexlaw to unlock all legal intelligencePrior to trial, Cook was arrested and read Miranda rights that stated: 'You have the right to talk to a lawyer and have a lawyer present before any qu…
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SHAHOOD, J.
Appellant, Louis Cook, was charged and convicted of burglary of a dwelling and petit theft. Prior to trial, appellant moved .to suppress statements made by him subsequent to his arrest on the grounds that the Miranda warnings given to him were insufficient because they failed to adequately advise him of his right to counsel during questioning. The trial court denied the motion. We reverse.
At the suppression hearing, evidence was presented that prior to questioning, appellant was read his Miranda rights.' The Miranda warnings included the following: “You-have the right to talk to a lawyer and have a lawyer present before any questioning.” The Miranda warnings given did not advise appellant that he had the right to court appointed counsel during questioning as well. In addition, appellant signed a rights waiver form, which • included the following acknowledgment: “With these rights in mind I am willing to answer questions without a lawyer present.” After appellant waived his Miranda rights he provided the detective with a statement.
In Roberts v. State, 874 So. 2d 1225 (Fla. 4th DCA 2004), review denied, State v. West, 892 So. 2d 1014 (Fla.2005), appellant appealed the denial of his motion to suppress his post-arrest videotaped statement on the grounds that the Miranda warning he received failed to inform him that he had a right to have an attorney present during questioning. The Miranda rights form read to appellant was the same one employed in this case, which read in perti nent part: “You have the right to talk with a lawyer and have a lawyer present before any questioning.” Id. at 1225. Appellant argued that the Miranda warnings read to him failed to advise him that he was entitled to have an attorney present during questioning as well as before questioning. See id. at 1227.
Under Miranda, an individual held for interrogation must be clearly informed that he has the right to consult with a lawyer and to have the lawyer with him during interrogation. This warning is an absolute prerequisite to interrogation. See id. (quoting Miranda v. Arizona, 384 U.S. 436, 471-72, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966)). “Florida courts have consistently interpreted Miranda as requiring notifieation that a person in custody has a right to have counsel present not only before interrogation but during interrogation as well.” Id. (emphasis in original).
The Roberts court also rejected the state’s argument that an indicator of the defendant’s understanding of his right to have a lawyer present during questioning is the separate “waiver of rights” form that appellant signed. The court held that the signed form, in conjunction with the warnings given, did not sufficiently convey the substance of the Miranda requirements or serve to corroborate the defendant’s knowing and intelligent waiver of his rights. See id. at 1229.
Similarly, in Franklin v. State, 876 So. 2d 607 (Fla. 4th DCA 2004), this court followed Roberts and West in holding that the Miranda warnings given were inadequate and failed to fully inform the appellant that he could consult with an attorney during questioning. The court further held that the error was not harmless in that it could not say beyond a reasonable doubt that the statement did not contribute to the verdict. See also President v. State, 884 So. 2d 126 (Fla. 4th DCA 2004), review denied, State v. West, 892 So. 2d 1014 (Fla.2005) (Miranda warning that failed to advise defendant of his right to counsel during interrogation was inadequate; erroneous admission of defendant’s confession to robbery was not harmless).
Because we are reversing for a new trial on this issue, we decline to address the other issue raised by appellant.
REVERSED AND REMANDED FOR A NEW TRIAL.
FARMER, C.J., and TAYLOR, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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State v. Powell, 998 So. 2d 531 (Fla. 2008)…ght to have counsel present during questioning); Bross v. State, 898 So. 2d 1027 (Fla. 4th DCA 2005) (reversing conviction because Miranda warnings did not inform the defendant of the right to have counsel present during questioning); Cook v. State, 896 So. 2d 885 (Fla. 4th DCA 2005) (warning that advises the defendant of the right to talk to an attorney and have an attorney present before any questioning did not advise defendant of the right to have counsel present during questioning); Dendy v. State, 896 So…
Authorities Cited
- Miranda v. Arizona, 384 U.S. 436 (U.S. 1966)
- Gorman Roberts, Jr. v. State, 874 So. 2d 1225 (Fla. 4th DCA 2004)
- State v. West, 892 So. 2d 1014 (Fla. 2005)
- Myron Franklin v. State, 876 So. 2d 607 (Fla. 4th DCA 2004)
- Tonny President v. State, 884 So. 2d 126 (Fla. 4th DCA 2004)