Are Miranda advisements adequate in a situation where a suspect was told he had a right to counsel before questioning?

California, United States of America


The following excerpt is from People v. Membreno, B284026 (Cal. App. 2018):

Courts have similarly held Miranda advisements were adequate in the converse situation to that presented here, that is, where a suspect was told he had the right to counsel before, but not during, interrogation. In Florida v. Powell, officers told the suspect (1) he had the right to talk to a lawyer before answering questions, (2) a lawyer would be appointed before questioning, and (3) he had the right to " 'use any of these rights' " at any time during the interview. (Florida v. Powell, supra, 559 U.S. at p. 54.) The high court rejected the contention that the advisements were defective because they failed to convey

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