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Judge: Agents Used Vague ‘Miranda’


— August 7, 2005

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 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.

Details here from the AP via the Miami Herald.


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 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.

Details here from the AP via the Miami Herald.

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