Legal Opinion

State v. David v. Maloney

District Court of Appeal of Florida

Decided May 13, 2016No. 5D14-2702Published

1Opinion of the CourtBerger, J.

The State of Florida timely appeals the trial court’s order granting David Malo-ney’s motion to suppress certain statements he made to police before he was advised of his Miranda 1 rights. Because we conclude the public safety exception to the Miranda requirement permits the admission of Maloney’s statements, we reverse.

Maloney was a member of a motorcycle gang known as the Philly Warlocks. On September 30, 2012, the Philly Warlocks were holding a poker run departing from the parking lot of the Veterans of Foreign Wars'(“VFW”) hall in Winter Springs. At about 10:30 a.m., a shootout ensued…

2Cases cited26 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. Oregon v. ElstadSupreme Court of the United States · 1985
  3. New York v. QuarlesSupreme Court of the United States · 1984
  4. Howes v. FieldsSupreme Court of the United States · 2012
  5. Ramirez v. StateSupreme Court of Florida · 1999

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