An interesting case from the 1st DCA was published this week and it provides a good discussion relative to my recent blog “Miranda Warnings – Infographic,” 

In the case of State of Florida v. Parker, the 1st DCA revisited the important issue of constitutional rights during an interrogation of a suspect. In that case, the suspect was being questioned by police in connection with a burglary with battery charge (in addition to other charges). Burglary-battery, or “burg-batt,” is a first degree felony in the State of Florida, punishable by up to life in prison, and found under Florida Statute 810.02.

During the questioning, the following questions and answers (at issue) allegedly took place:

Suspect: “Can you just tell me if I need to get a lawyer or something?”

Officer: “Listen, that’s your right. But what I’m interested in is the truth.”

At this point, the suspect allegedly made incriminating statements. 

 

Suspect “Is there a lawyer in the building?”

Officer: “No, you would have to call one.”

The suspect was ultimately placed under arrest. During his case, the suspect (now defendant) filed a motion to suppress his incriminating statements, arguing that the police officer had violated his constitutional rights by not giving him a straightforward answer. The law regarding this issue requires police officers to stop the interview when a suspect asks a question concerning his or her rights, and make a good-faith effort to give a simple and straightforward answer. Once the officer answers the question, appropriately, the officer can continue the interview unless the suspect invokes his her her rights (such as his or her right to remain silent and right to counsel). However, Florida courts have held that when an officer gives an evasive answer, skips the question, or talks over the suspect, the officer has violated Florida’s Constitution and the US Constitution, and any incriminating statements obtained as a result of the constitutional violations may be suppressed as coerced.

 

In this case, the Court found that the officer had in fact made a good-faith effort to appropriately answer the suspects questions regarding his rights. As a result, the incriminating statements the suspect made about himself were admissible in trial.

Interestingly, the Court also mentioned in its ruling that the suspect’s question about “whether there was a lawyer in the building” was not an unequivocal invocation of his right to an attorney. That is an example of why it is extremely important for anyone being questioned by police to know his or her rights so that he or she can properly invoke them if he/she chooses to do so. Many people do not know their rights or the steps they have to take to invoke them. An unclear question regarding a suspect’s rights will not be sufficient to invoke them. A person who wants to stop the interrogation to speak with a lawyer has to clearly make the request. Anyone who has questions regarding their rights during a police interrogation should contact a criminal defense attorney.

 

Casey Reiter is an associate attorney at Stuart R. Manoff & Associates, P.A. in West Palm Beach, Florida, practicing in the areas of Criminal Defense and Marital Law.

 

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