A federal judge in Miami rejected the revision to the Miranda warning in which suspects who smuggled cocaine onto a cruise ship were told they could have their attorneys with them prior to interrogation, but not during interrogation.



The incriminating statements made by the smugglers can not be used in court.

I wonder if this ruling and the congressional legislation for Homeland security may be used in combinatin in this matter?

http://www.issues2000.org/Celeb/Clarence_T...ivil_Rights.htm

Miranda rights can be overruled by Congress.
Justice Thomas joined the dissent on DICKERSON v. UNITED STATES on Jun 26, 2000:

Mr. Dickerson, under indictment for bank robbery and related federal crimes, moved to suppress a statement he had made to the FBI, on the ground he had not received “Miranda warnings” before being interrogated. The Government appealed [on the grounds that] his statement was voluntary [as allowed by a Congressional law]. That court concluded that Miranda was not a constitutional holding, and that, therefore, Congress could by statute have the final say on the admissibility question.

Held:
(Rehnquist, joined by Stevens, O’Connor, Kennedy, Souter, Ginsburg, and Breyer)
In Miranda v. Arizona (1966), we held that certain warnings must be given before a suspect’s statement could be admitted in evidence. Congress then enacted a rule that the admissibility of such statements should turn only on whether or not they were voluntarily made. We hold that Miranda, being a constitutional decision of this Court, may not be in effect overruled by an Act of Congress, and we decline to overrule Miranda ourselves.

Dissent:
(Scalia, joined by Thomas)
Today’s decision is not a reaffirmation of Miranda, but a radical revision of the most significant element of Miranda. Marbury v. Madison (1803), held that an Act of Congress will not be enforced by the courts if what it prescribes violates the Constitution. That was the basis on which Miranda was decided. One will search today’s opinion in vain, however, for a statement (surely simple enough to make) that [the law in this case] violates the Constitution. [Instead, the Court is adopting] a significant new principle of constitutional law, in which statutes of Congress can be disregarded, not only when what they prescribe violates the Constitution, but when what they prescribe contradicts a decision of this Court that “announced a constitutional rule.” I dissent.

Source: Supreme Court case 99-5525 argued on Apr 19, 2000