Brief of respondent for Florida v. Powell, 08-1175 - Oyez

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warnings advising only of the right to counsel “before”
interrogation are inconsistent with Miranda. Social
scientists studying Miranda have collected warning
forms used by federal, state, and local law enforcement
agencies in over 600 jurisdictions (representing
49 states, the District of Columbia, the Virgin
Islands, Puerto Rico, as well as forms used by two
federal law enforcement agencies and the U.S. Army
Criminal Investigation Command). See Rogers et al.,
supra, at 124-26; Rogers & Shuman, supra, at 1-24;
Weisselberg, supra, at 1565 & nn.258-260 (discussing
the Rogers et al. studies).
Using hundreds of different verbal formulations,
nearly all of these warning forms advise of either the
right to counsel during questioning or before and
during questioning. See Rogers & Shuman, supra, at
42-63; see also SG Br. 13 n.4.
And, as the Solicitor General confirms, “all the
forms used by the various federal law enforcement
agencies explicitly advise the suspect of the full
contours of each right, including the right to the
presence of counsel during questioning.” SG Br. 12 &
n.3 (quoting warning forms used by the Federal
Bureau of Investigation, Internal Revenue Service,
and other federal law enforcement agencies). These
federal warnings, too, while similar in substance,
employ “minor variations” in wording. SG Br. 8 &
nn.2-3.