The Federalist Society

Florida v. Powell & Maryland v. Shatzer – Post-Decision SCOTUScast

SCOTUScast 05-24-10 featuring Craig M. Bradley

May 24, 2010

Craig M. Bradley

To listen, please right click on the audio file you wish to hear and then select "Save Link As..." or "Save Target As..." After you save the audio file to your computer, you can then listen to it in your audio player of choice.

  Florida v. Powell & Maryland v. Shatzereard v. Kindler - Post-Decision SCOTUScast - MP3
Running Time: 00:13:05

Craig M. BradleyOn February 23 and 24, 2010, the Supreme Court announced its decisions in Florida v. Powell and Maryland v. Shatzer respectively. The question in Florida v. Powell was whether the warnings the defendant received before interrogation adequately conveyed his right to the presence of an attorney during questioning, which is a right that was established in Miranda v. Arizona (1966). The question in Maryland v. Shatzer was whether Edwards v. Arizona (1981), which bars police from initiating questioning with criminal suspects who have invoked their right to counsel, applies to an interrogation that takes place three years later.

In Florida v. Powell, Justice Ginsburg delivered the opinion of the Court, which Chief Justice Roberts and Justices Scalia, Kennedy, Thomas, Alito, and Sotomayor joined in its entirety, and which Justice Breyer joined in part. The Court held that advising a suspect that he has the right to talk to a lawyer before answering any of the law enforcement officer's questions and that he can invoke that right at any time during the questioning satisfies Miranda. Justice Stevens filed a dissenting opinion, which Justice Breyer joined in part.

In Maryland v. Shatzer, Justice Scalia delivered the opinion of the Court, which Chief Justice Roberts and Justices Kennedy, Ginsburg, Breyer, Alito, and Sotomayor joined. The Court held that because Shatzer experienced a break in Miranda custody lasting more than two weeks between the first and second attempts at interrogation, Edwards v. Arizona does not mandate the suppression of Shatzer's later statements. Justice Thomas joined Part III of the opinion of the Court and also filed an opinion concurring in part and concurring in the judgment. Justice Stevens filed an opinion concurring in the judgment.

To discuss these cases, we have Indiana University Maurer School of Law Professor Craig M. Bradley.

[Return to the SCOTUScast menu]

Related Links

Maryland v. Shatzer Opinion – February 24, 2010
Maryland v. Shatzer Oral Argument Transcript – October 5, 2009
Florida v. Powell Opinion – February 23, 2010
Florida v. Powell Oral Argument Transcript – December 7, 2009


The Federalist Society