Legal Opinion · Dissent

State v. R.M.

District Court of Appeal of Florida

Decided July 2, 1997No. 96-4026Published

1DissentFarmer, Judge

I would grant certiorari and quash the order of suppression.

At the beginning of the suppression hearing, the following exchange took place between the court and defense counsel:

“JUDGE: What kind of suppression is it?
“DEFENSE: Her confession.
“JUDGE: Oh, and you think it wasn’t voluntary?
“DEFENSE: Actually it’s one of these— the only reason why we scheduled the motion is because of one line that’s in the statements from Miranda, wherein the officer indicates that they can be used for you or against you. So we’re going on the premise that she was misled as to her actual circumstances and which…

2Cases cited18 opinions

  1. Spano v. New YorkSupreme Court of the United States · 1959
  2. Blackburn v. AlabamaSupreme Court of the United States · 1960
  3. California v. PrysockSupreme Court of the United States · 1981
  4. Brewer v. StateSupreme Court of Florida · 1980
  5. DeConingh v. StateSupreme Court of Florida · 1983

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