Legal Opinion · Dissent

B.S. v. State

District Court of Appeal of Florida

Decided September 12, 1989No. Nos. 88-474, 88-475Published

1DissentJorgenson, Judge

I respectfully dissent. As is his custom, Chief Judge Schwartz has authored a comprehensive and well-reasoned opinion. However, my reading of the record leads me to conclude that the trial court was correct in denying B.S.’s motion to suppress her confession. Unlike the majority, I do not find the officers’ testimony “highly ambiguous” as to whether they informed B.S. that she was not required to accompany them.

B.S. was a 17-year-old high school senior when these events transpired and was sufficiently mature to care for her younger brother and hold a job. Her testimony shows her to be an…

2Cases cited1 opinion

  1. Alzate v. StateDistrict Court of Appeal of Florida · 1985

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