florida powell argued december decided february pathmarking decision miranda arizona held individual must clearly informed prior custodial questioning among rights right consult lawyer lawyer interrogation arresting respondent powell questioning tampa police read standard miranda form stating inter alia right talk lawyer answering questions ou right use rights time want interview powell admitted owned handgun found police search charged possession weapon convicted felon violation florida law trial denied powell motion suppress inculpatory statements based contention miranda warnings received adequately convey right presence attorney questioning powell convicted charge intermediate appellate held trial suppressed statements florida agreed noted miranda state constitution require suspect clearly informed right lawyer present questioning advice powell received misleading believed suggested consult attorney police started question convey entitlement counsel presence throughout interrogation held jurisdiction hear case powell contends jurisdiction lacking florida relied state constitution well miranda hence decision rested adequate independent state ground see coleman thompson michigan long however state decision fairly appears rest primarily federal law interwoven federal law adequacy independence possible ground clear face opinion presumes federal law controlled state decision although invoking florida constitution precedent addition decisions florida expressly assert sources gave powell rights distinct broader delineated miranda see long opinion consistently trained miranda demands rather florida law independently requires therefore identify face opinion clear statement decision rested state ground separate miranda see long opinion indicat clearly expressly alternatively based bona fide separate adequate independent state grounds long jurisdiction pp advice suspect right talk lawyer answering law enforcement officers questions invoke right time th interview satisfies miranda pp miranda requires suspect warned prior questioning right presence attorney miranda warning addresses particular concern circumstances surrounding interrogation operate quickly overbear one merely made aware privilege remain silent interrogators responsive concern stated absolute prerequisite interrogation individual held questioning must clearly informed right consult lawyer lawyer interrogation warnings prescribed miranda invariable dictated words essential information must conveyed see california prysock determining whether police warnings satisfactory reviewing courts required examine construing defining terms easement inquiry simply whether warnings reasonably suspect rights required miranda duckworth eagan pp warnings powell received satisfy standard informing powell right talk lawyer answering questions tampa officers communicated consult lawyer answering particular question statement powell right use rights time want ed th interview confirmed exercise right attorney interrogation underway combination two warnings reasonably conveyed right attorney present outset interrogation times reach opposite conclusion attorney present throughout interrogation suspect imagine counterintuitive unlikely scenario order consult counsel obliged exit reenter interrogation room query likewise unavailing florida conclusion warning misleading temporal language powell talk lawyer answering officers questions suggested consult attorney interrogation started context term merely conveyed powell right attorney became effective answered questions nothing words used indicated counsel presence restricted questioning commenced powell suggests today holding tempt law enforcement agencies miranda amending warnings introduce ambiguity federal government explains law enforcement interest state warnings maximum clarity order reduce risk later find advice inadequate therefore suppress suspect statement standard warnings used federal bureau investigation admirably informative declines declare precise formulation necessary meet miranda requirements different words used advice powell received communicated message pp reversed remanded ginsburg delivered opinion roberts scalia kennedy thomas alito sotomayor joined breyer joined part ii stevens filed dissenting opinion breyer joined part ii florida petitioner kevin dewayne powell writ certiorari florida february justice ginsburg delivered opinion pathmarking decision miranda arizona held individual must clearly informed prior custodial questioning among rights right consult lawyer lawyer interrogation question presented case whether advice suspect right talk lawyer answering law enforcement officers questions invoke right time th interview satisfies miranda hold august law enforcement officers tampa florida seeking apprehend respondent kevin dewayne powell connection robbery investigation entered apartment rented powell girlfriend app spotting powell coming bedroom officers searched room discovered loaded handgun bed ibid officers arrested powell transported tampa police headquarters ibid asking powell questions officers read powell standard tampa police department consent release form form right remain silent give right remain silent anything say used right talk lawyer answering questions afford hire lawyer one appointed without cost questioning right use rights time want interview app see also acknowledging informed rights underst oo willing talk officers powell signed form app admitted owned handgun found apartment powell knew prohibited possessing gun previously convicted felony said nevertheless purchased carried firearm protection see app powell charged state possession weapon prohibited possessor violation stat ann west contending miranda warnings deficient adequately convey right presence attorney questioning moved suppress inculpatory statements trial denied motion concluding officers properly notified powell right counsel app jury convicted powell charge appeal florida second district appeal held trial suppressed powell statements miranda warnings appellate concluded adequately inform powell right attorney present throughout interrogation considering issue one great public importance certified following question florida failure provide express advice right presence counsel questioning vitiate miranda warnings advise right talk lawyer questioning use right consult lawyer time questioning capitalization omitted surveying decisions well florida precedent florida answered certified question affirmative miranda article section florida constitution florida high noted require suspect clearly informed right lawyer present questioning found advice powell received misleading suggested powell consult attorney questioning convey powell entitlement counsel presence throughout interrogation view final catchall warning ou right use rights time want interview cure defect perceived advice phrase supply missing warning right counsel present police questioning stated right never expressed reiterated ibid justice wells dissented considered unreasonable conclude broad unqualified language read powell lead person ordinary intelligence believe limited right consult attorney exercised answering first question posed law enforcement final sentence warning stressed avoid ed implication unreasonable may en advice concerning right access counsel questioning conveys message access counsel foreclosed questioning ibid internal quotation marks omitted criticizing majority technical adherence language connection whether person confessed understood rights concluded totality warning reasonably conveyed powell continuing right access counsel granted certiorari reverse judgment florida ii first address powell contention lacks jurisdiction hear case florida relying miranda also florida constitution rested decision adequate independent state ground brief petitioner see coleman thompson review question federal law decided state decision rests state law ground independent federal question adequate support fundamental observed state courts left free unfettered us interpreting state constitutions minnesota national tea equally important ambiguous obscure adjudications state courts stand barriers determination validity federal constitution state action ibid end announced michigan long following presumption hen state decision fairly appears rest primarily federal law interwoven federal law adequacy independence possible state law ground clear face opinion accept reasonable explanation state decided case way believed federal law required time adopted rule avoid presumption state decision indicates clearly expressly alternatively based bona fide separate adequate independent grounds course undertake review decision long presumption jurisdiction entertain case although invoking florida constitution precedent addition decisions florida treated state federal law interchangeable interwoven point expressly asserted sources gave powell rights distinct broader delineated miranda see long beginning certified question whether advice tampa police gave powell vitiate miranda capitalization omitted continuing throughout opinion florida trained miranda demands rather florida law independently requires see issue whether failure provide express advice right presence counsel custodial interrogation violates principles espoused miranda arizona issue miranda requires addressed several florida district courts appeal powell received narrower less functional warning required miranda therefore identify face opinion clear statement decision rested state ground separate miranda see long state need make clear plain statement judgment opinion federal cases used purpose guidance compel result reached avoid misunderstanding florida must speak clarity sought require state police officers ohio robinette ginsburg concurring judgment powell notes courts absolutely free interpret state constitutional provisions accord greater protection individual rights similar provisions constitution brief respondent quoting arizona evans see also oregon hass cooper california powell right regard nothing decision today emphasize trenches florida authority impose based state constitution additional protections coerced confessions deems appropriate florida decision indicat clearly expressly alternatively based bona fide separate adequate independent state grounds long jurisdiction decide case iii give force constitution protection compelled established miranda certain procedural safeguards require police advise criminal suspects rights fifth fourteenth amendments commencing custodial interrogation duckworth eagan intent giv ing concrete constitutional guidelines law enforcement agencies courts follow miranda prescribed following four warnings suspect must warned prior questioning right remain silent anything says used law right presence attorney afford attorney one appointed prior questioning desires miranda third warning one issue addresses particular concern circumstances surrounding interrogation operate quickly overbear one merely made aware privilege remain silent interrogators responsive concern stated absolute prerequisite interrogation individual held questioning must clearly informed right consult lawyer lawyer interrogation question us whether warnings powell received satisfied requirement four warnings miranda requires invariable dictated words essential information must conveyed see california prysock per curiam never indicated rigidity miranda extends precise formulation warnings given criminal defendant internal quotation marks omitted rhode island innis safeguards include miranda warnings equivalent determining whether police officers adequately conveyed four warnings said reviewing courts required examine words employed construing defining terms easement inquiry simply whether warnings reasonably suspect rights required miranda duckworth quoting prysock decisions prysock duckworth inform judgment concerned suspect entitlement adequate notification right appointed counsel prysock officer informed suspect inter alia right lawyer presence questioning right counsel appointed cost appeals held advice inadequate comply miranda lacked express statement appointment attorney occur prior impending interrogation see reversed othing warnings observed suggested limitation right presence appointed counsel different clearly conveyed rights lawyer general including right lawyer suspect questioned questioned questioning internal quotation marks omitted similarly duckworth upheld advice relevant part communicated right attorney present interrogation right appointed attorney also informed suspect lawyer appointed suspect goes emphasis deleted internal quotation marks omitted appeals thought th go language suggested accused afford attorney right one present answering internal quotation marks omitted thought otherwise relevant state law noted counsel appointed defendant initial appearance go advice said simply anticipate question suspect might expected ask receiving miranda warnings obtain counsel reading language together information conveyed held warnings totality satisfied miranda reach conclusion case tampa officers entirely omi post information miranda required impart informed powell right talk lawyer answering questions right use rights time want ed th interview app first statement communicated powell consult lawyer answering particular question second statement confirmed exercise right interrogation underway combination two warnings reasonably conveyed powell right attorney present outset interrogation reach opposite conclusion attorney present throughout interrogation suspect imagine unlikely scenario consult counsel obliged exit reenter interrogation room query reasonable suspect custodial setting read rights believe come counterintuitive conclusion obligated allowed hop holding area seek attorney instead suspect likely assume must stay put interrogation room lawyer entire florida found warning misleading believed temporal language powell talk lawyer answering officers questions suggested powell consult attorney interrogation started see also brief respondent context however term merely conveyed powell right attorney became effective namely answered questions nothing words used indicated counsel presence restricted questioning commenced instead warning communicated right counsel carried forward interrogation powell seek attorney advice responding officers questions time th interview app emphasis added although warnings clearest possible formulation miranda advisement sufficiently comprehensive comprehensible given commonsense reading pursuing different line argument powell points jurisdictions florida across nation expressly advise suspects right counsel present interrogation brief respondent find advice received adequate powell suggests law enforcement agencies hoping obtain uninformed waivers tempted miranda amending warnings introduce ambiguity brief respondent explained amicus curiae support state florida law enforcement agencies little reason assume litigation risk experimenting novel miranda formulations brief amicus curiae instead desirable police practice law enforcement interest state warnings maximum clarity see also using conventional precise formulation warnings police significantly reduce risk later suppress suspect statement ground advice reasons federal law enforcement agencies explicitly advise suspect full contours miranda right including right presence counsel questioning standard warnings used federal bureau investigation exemplary provide relevant part right talk lawyer advice ask questions right lawyer questioning internal quotation marks omitted advice admirably informative decline declare precise formulation necessary meet miranda requirements different words used advice powell received communicated essential message reasons stated judgment florida reversed case remanded proceedings inconsistent opinion ordered florida petitioner kevin dewayne powell writ certiorari florida february justice stevens justice breyer joins part ii dissenting today decides case florida held local police practice violated florida constitution power review decision doubtful best moreover florida better view merits case florida concluded oth miranda article section florida constitution require suspect clearly informed right lawyer present questioning warnings given powell satisfy either state federal constitution view florida held adequate independent ground warnings provided powell sufficiently inform lawyer florida constitution therefore lacks jurisdiction review judgment notwithstanding failure include express sentence satisfy rule ante doctrine rests two cornerstones espect independence state courts avoidance rendering advisory opinions michigan long long adopted novel presumption favor jurisdiction independence state judgment clear respect independence state courts avoid rendering advisory opinions limit application presumption truly ambiguous case judgment rendered state corrected views federal laws review amount nothing advisory opinion herb pitcairn long advised every state formula assure us review indeed amount nothing advisory opinion state need make clear plain statement judgment opinion federal cases used purpose guidance compel result reached advice sometimes misunderstood command unless plain statement included opinion ruling rested adequate independent state ground real question whether adequacy independence possible state law ground clear face opinion even state opinion include magic words set forth long similarly explicit sentence lack jurisdiction nonetheless apparent decision indeed supported adequate independent state ground contrary assumption made power assume jurisdiction otherwise exist simply florida include decision express statement interpretation state law independent view tell face florida opinion decision rested state ground separate miranda ante case easily distinguished long regard long although michigan twice cited michigan constitution opinion relied exclusively understanding terry ohio federal cases single state case cited support state holding search passenger compartment unconstitutional short nothing indicate decision rested grounds way independent state interpretation federal law cases applied long presumption similarly devoid independent analysis typically apply long presumption state decision cited state constitutional provision times rested exclusively upon federal cases upon state cases cited federal also applied long state decision indicated state law relevant state constitutional provision considered coextensive federal case shares none florida merely cite florida constitution time two without rather discussed relied separate rights provided art florida constitution example paragraph describing general scope miranda warnings federal law explained general scope warnings state law ensure voluntariness confessions required article section florida constitution traylor state outlined rights florida suspects must told prior custodial interrogation includes right lawyer consistently referred rights separate distinct miranda noting earlier cases explained requirements fifth amendment explained miranda florida constitution explained traylor include requirement suspect informed right counsel present questioning applying law specific facts case florida invoked specific distinct right lawyer help florida constitution moreover state cases relied upon florida rely exclusively federal law primary case relied upon holding traylor rested exclusively upon state law see decision florida embraced principle hen called upon decide matters fundamental rights florida state courts bound federalist principles give primacy state constitution give independent legal import every phrase clause contained therein elaborating upon meaning art florida constitution florida explained roots florida commitment protecting citizens florida long required matter state law one charged crime informed rights prior rendering confession required warnings interrogations since least long excluded confessions obtained violation rules ibid sum case looks quite different cases applied long presumption past concludes otherwise relying primarily upon formulation certified question restatements question within florida opinion see ante yet certified question asks whether particular phrases vitiate miranda warnings capitalization omitted miranda become generic term refer warnings suspects must given interrogation see collegiate dictionary ed defining miranda relating legal rights arrested person attorney remain silent avoid thus invocation miranda certified question statement issue presented entirely consistent fact basis decision fully adequate independent said agree decision interwoven federal law reaching holding florida found miranda precedents alone insufficient assure jurisdiction even long view judgment reversal powell conviction supported florida independent carefully considered holding warnings inadequate florida constitution see acknowledges nothing today decision trenches florida authority impose based state constitution additional protections coerced confessions deems appropriate ante florida noted one occasion interpretation florida constitution privilege need track construction parallel provision federal constitution see rigterink state federal constitution sets floor ceiling retains ability interpret right afforded florida constitution broadly afforded federal counterpart traylor case florida may reinstate judgment upon remand florida expect opinion merits qualify sort advisory opinion studiously seek avoid ii decision merits also unpersuasive recognized miranda right counsel present interrogation indispensable protection fifth amendment privilege miranda arizona furthermore need counsel protect fifth amendment privilege comprehends merely right consult counsel prior questioning also counsel present questioning accused know rights therefore make request may person needs counsel defendant must clearly informed regarding two aspects right consult attorney right consult lawyer lawyer interrogation case form regularly used tampa police warned powell right talk lawyer answering questions app informed right consult lawyer questioning right miranda identified insufficient protect fifth amendment privilege warning say anything right counsel present interrogation although never required rigidity form required warnings california prysock per curiam believe first time approved warning given natural reading entirely omitted essential element suspect rights despite failure warning mention view warning reasonably conveyed powell right lawyer presence interrogation ante cobbles together conclusion two elements warning first assumes warning regarding powell right talk lawyer answering officers questions app conveyed powell consult lawyer answering particular question ante emphasis added second view addition catchall clause end recitation rights confirmed powell use right consult attorney interrogation underway ibid natural reading warning powell given contained temporal limit failed mention right presence counsel interrogation room powell right consult attorney interrogation began right attorney questioning even courts appeals approved warnings expressly mention right attorney presence found language sort used powell warning misleading instance petitioner cites second circuit decision lamia example applying properly flexible approach miranda case second circuit expressly distinguished warning suspect consult attorney prior question affirmatively misleading since thought imply attorney present questioning even courts appeals taking flexible approach miranda found warnings like powell misleading caution concluding warning reasonably conveyed powell right attorney interrogation relevant clause warning case given natural reading catchall clause meaningfully clarify powell rights communicated powell exercise previously listed rights time yet previously listed right right talk lawyer answering officers questions app emphasis added informing powell exercise time interview right talk lawyer answering questions reasonably convey right talk lawyer answering questions much less implicitly inform powell right lawyer times interrogation intelligent suspect reasonably conclude provided right consult attorney right attorney present interrogation room relies duckworth eagan prysock neither case warning issue completely omit one suspect rights prysock warning regarding right appointed attorney contained temporal limitation see clearly distinguishes case powell duckworth suspect explicitly informed right talk lawyer advice ask questions questioning right advice presence lawyer even afford hire one emphasis deleted internal quotation marks omitted warning thus conveyed full right appointed counsel interrogation although warning arguably undercut addition statement attorney appointed go found suspect informed full rights warning simply added additional truthful information regarding counsel appointed ibid emphasis deleted internal quotation marks omitted unlike duckworth warning powell warning convey miranda rights full addition arguably misleading statement rather warning entirely failed inform separate distinct right counsel present questioning miranda sum warning issue case reasonably convey powell right lawyer interrogation requirement warnings fundamental respect fifth amendment privilege simply preliminary ritual existing methods interrogation determining warning implied say guilty attaching greater importance form miranda ritual substance message intended convey prysock stevens dissenting iii whether focus powell particular case use warning form standard used one jurisdiction clear form imperfect see ante majority decision today demonstrates reasonable judges may well differ question whether deficiency serious enough violate federal constitution difference opinion judgment falls short providing justification reviewing case judges highest state decided warning insufficiently protective rights state citizens view respect independence state courts authority set rules citizens protected result dismissal petition respectfully dissent footnotes article florida constitution person shall compelled criminal matter witness oneself dissenting michigan long justice stevens urge inspection decisions count number citations state federal provisions opinions heroic efforts fathom state really meant see post dissenting opinion instead preferred approach clear lieu presuming adequate state grounds independent unless clearly appears otherwise presum ed adequate state grounds independent unless clearly appears otherwise long see post either presumption avoid arduous efforts detect case case whether state ground decision truly independent state understanding federal law long today however dissent require engage sort inquiry justice stevens suggests statements refer miranda generic sense mean warnings suspects must given interrogation post explanation fails account florida repeated citations opinion miranda context obvious attempting home opinion course interpreted federal constitution florida law requires see justice stevens agrees florida decision interwoven federal law post lacks plain statement contemplated long post nevertheless finds possible discern independent basis decision long makes clear however state decision fairly appears interwoven federal law way avoid jurisdictional presumption provide plain statement expressing independent reliance state law plain statement makes adequacy independence possible state law ground clear face opinion see also ohio robinette ginsburg concurring judgment long governs even things considered plausible reading state decision may state regard federal constitution alone sufficient basis justice stevens asserts today approves first time warning given natural reading entirely omitted essential element suspect rights post see also post warning entirely failed inform powell separate distinct right counsel present questioning find warning case adequate however communicated miranda prescribed justice stevens ascribes different meaning warning powell received credibly suggest regards warning omitted vital element powell rights equally unlikely suspect anticipate scenario order lawyer admitted interrogation room time police ask question ushered time suspect responds although bear decision powell seems understood warning way following exchange powell attorney occurred powell testified trial waived right attorney present questioning detectives telling jury yes app footnotes view better respect independence state courts applying opposite presumption years prior see long stevens dissenting accepting long law limit negative effects unnecessary intrusion business state courts unnecessary advisory opinions limit application cases independence ground serious doubt see pennsylvania labron stevens dissenting unfortunate effects rule exacerbate nearly intolerable degree long presumption applied cases ground supporting th judgmen much clearer true prior occasions see illinois fisher per curiam describing decision relying upon portion state precedent solely discussed due process federal constitution ohio robinette cases opinion discusses even cites federal cases except one state case applies federal constitution illinois rodriguez opinion rely even mention specific provision illinois constitution even illinois constitution generally even illinois cases cited opinion rely constitutional provisions fourth fourteenth amendments constitution florida riley plurality opinion finding florida mentioned state constitution three times discussion focused exclusively federal cases dealing fourth amendment michigan chesternut describing state resting holding two state cases relied upon federal law new york video new york appeals cited new york constitution near beginning opinion repeatedly referred amendment amendment discussion merits case oliver maine judicial referred fourth amendment prior state cases cited also construed federal constitution see fitzgerald racing assn central iowa iowa opinion says courts apply analysis considering state equal protection clause considering federal equal protection claim pennsylvania muniz state explained relevant state constitutional provision offers protection identical provided fifth amendment internal quotation marks omitted maryland garrison opinion relied state cases indicated maryland constitutional provision construed pari materia fourth amendment mean suggest never reached beyond bounds order decide case example labron found state decision resting commonwealth jurisprudence automobile exception commonwealth labron clearly based state law long presumption apply even though state cases discussed state opinion analyzed federal law analysis proved wrong remand pennsylvania reaffirmed prior holding explicitly note fact decided upon independent grounds article section pennsylvania constitution commonwealth labron overreached reason repeat mistake examining opinion said regarding state law whether state precedent cited opinion relied upon state law undertaking effort arduous typically undertaken order determine whether long presumption applies examining frequently opinion cited state law whether state law coextensive federal law whether cited state cases relied upon federal law see nn supra florida need decided sources gave powell rights broader delineated miranda ante order judgment rested upon independent ground independence ground may especially clear state explicitly finds state constitution protective certain right national charter state constitutional provision less independent providing protection given case federal provision long content right compelled dependent upon federal law unlike provisions art florida constitution contain express proviso requiring right construed conformity analogous federal provision compare fla art fla art furthermore florida law scope art clearly dependent upon federal law rigterink state traylor state assumption makes easier conclude warning conveyed right lawyer present suspect told right consult attorney answering particular question may correct reasonably conclude right lawyer presence otherwise imagine consult attorney unlikely fashion leaving interrogation room every question several courts appeals held warnings expressly inform suspect right counsel present interrogation adequately inform suspect miranda rights see tillman bland anthon windsor circuits required express mention right attorney presence approved general warnings regarding right attorney warnings specifically mention right counsel presence interrogation also contained limiting words might mislead suspect broad nature right counsel see frankson caldwell adams doubtful warning suspect right counsel without reasonably conveys suspect full rights miranda least general warning include sort misleading temporal limitation powell warning petitioner also cites bridgers dretke fifth circuit held texas criminal appeals unreasonably apply clearly established federal law finding adequate warning suspect informed right presence attorney questioning commenced internal quotation marks omitted even assuming warning sufficiently apprise individual right attorney presence interrogation fact warning mentioned attorney presence materially distinguishes warning powell received fifth circuit quoted approval state assessment warning suspect solely right consult speak attorney questioning might created impermissible impression attorney present interrogation ibid internal quotation marks omitted supports analysis taking note powell testimony trial given trial judge overruled lawyer objection warning received inadequate view testimony context probative powell thought warnings meant explore powell understood warnings mean simply established prelude powell testimony explaining prior statement waived rights regardless testimony irrelevant acknowledges amount circumstantial evidence person may aware right lawyer interrogation suffice stand stead adequate warning miranda arizona