Legal Opinion

Shook v. State

District Court of Appeal of Florida

Decided November 9, 2000No. 1D99-1690PublishedCited by 2 opinions

1Per curiam

Appellant appeals the denial of his motion to suppress a taped statement made to police while in custody, and the admission of testimony at trial of statements Appellant made to eyewitnesses. We affirm in part, reverse in part, and remand for a new trial.

We hold that Appellant’s statement, “Get me an attorney right now” was an unequivocal request for counsel, and interrogation should have ceased immediately, and not resumed until counsel was provided. Smith v. Illinois, 469 U.S. 91, 105 S.Ct. 490, 83 L.Ed.2d 488 (1984); Almeida v. State, 737 So.2d 520 (Fla.1999), cert. denied — U.S.-, 120…

2Cases cited2 opinions

  1. Smith v. IllinoisSupreme Court of the United States · 1984
  2. Almeida v. StateSupreme Court of Florida · 1999

3Cited by2 opinions

  1. Moss v. StateDistrict Court of Appeal of Florida · 2011
  2. Brennan v. StateDistrict Court of Appeal of Florida · 2001

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