Covello v. State

We reject Covello’s contention that he was entitled to discharge under the speedy trial rule. We affirm.

Executing a search warrant, police held Covello in his home at gunpoint. He was handcuffed, not permitted to move from his chair or to smoke a cigarette, and was photographed. He was released, however, and was therefore not entitled to discharge under the speedy trial rule, Fla.R.Crim.P. 3.191; D.L.M. v. State, 397 So.2d 439 (Fla. 3d DCA 1981); he was not taken into custody within the meaning of the rule.

Florida courts, addressing the issue of custody and speedy trial considerations, have…