State v. S.L.W.

The State of Florida petitions for review of S.L.W. v. State, 445 So.2d 586 (Fla. 1st DCA 1983), wherein the district court certified the following question:

Whether the failure to comply with Fla. RJuv.P. 8.290(d)(4) [*] renders inadmissible inculpatory statements obtained from a child absent a valid waiver of counsel obtained pursuant to that rule?

We have jurisdiction, article V, section 3(b)(4), Florida Constitution, and we answer in the negative.

The issue is whether a juvenile can validly waive his rights under Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966), without…