Miranda, Do you want a Lawyer, and the meaning of “Yes”

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Black v. State, 36 Fla. L. Weekly D882 (Fla. 2d DCA, Apr 27, 2011): Defense Appeal, Reversed – Great case on post-Miranda statements by the defendant.  Defendant initially said “no” as he read his Miranda warnings concerning talking to the police.  Upon finishing a detective asks if he would like to discuss case with him.  Defendant responds positively and detective clarifies (seemingly covering all his bases).  Second says that initial “no” required law enforcement to stop asking questions.

State v. SMM, 36 Fla. L. Weekly D900 (Fla. 5th DCA, Apr 29, 2011): State Appealed, Affirmed – Nothing special. Juvenile case. Opinion by J. Lawson basically hammering the Orange County SAO Juvenile division for lack of preparedness.

State v. Exantus, 36 Fla. L. Weekly D902 (Fla. 2d DCA, Apr 29, 2011): State Appeal, Reversed in Part – Good case on sufficiency of a warrant.

Nieminski v. State, 36 Fla. L. Weekly D903 (Fla. 2d DCA, Apr 29, 2011): Defense Appeal, Affirmed – Search and seizure case.  Law enforcement open unlocked gate to house surrounded by 6-foot fence to conduct a knock-and-announce.  At door they smell cannabis (apparently growing).  Obtain warrant and find trafficking amount of pot.  Great case for analysis of S&S case law.

Edwards v. State, 36 Fla. L. Weekly D908 (Fla. 2d DCA, Apr 29, 2011): Defense Appeal, Reversed – Violation of probation for ankle bracelet registering that probationer left “the area.”  State only had hearsay evidence.

Smallwood v. State, 36 Fla. L. Weekly D911 (Fla. 1st DCA, Apr 29, 2011): Defense Appeal, Affirmed with Certified Question – Search and Seizure, police arrest defendant and look through the phone that he had on him at time of arrest.  They find incriminating photos that were introduced at trial.  Court relies on prior case law analogizing cell phone as a “container.”  First DCA struggles with this, does an excellent review of the history of search incident to arrest, and certifies question.  Also good discussion on case law regarding the search of cell phones.

Moss v. State, 36 Fla. L. Weekly D940 (Fla. 4th DCA, May 4, 2011): Defense Appeal, Reversed for New Trial – Again, another case of “I want to talk to a lawyer” and law enforcement continuing an interrogation. I’d say “oops,” but maybe it ain’t.

Lot’s of good VOP cases were written that I did not add – I do have to work sometime.  


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