J.C.M. v. State

891 So. 2d 573, 2004 Fla. App. LEXIS 18835
District Court of Appeal of Florida·Decided December 10, 2004·No. No. 1D03-3767·Published·Cited by 3 cases

Opinion

BROWNING. J.

A petition charged that on or about October 11, 2002, 12-year-old J.S.R., a/k/a J.C.M. (Appellant), “did unlawfully, willfully and maliciously, injure or damage, or place graffiti thereon or commit an act of vandalism” upon a windshield belonging to Niki Bridges, in violation of section 806.13(l)(b)2, Florida Statutes (2002). Appellant moved to suppress incriminating statements made by him while in police custody without first being informed of his Miranda rights.1 After a hearing, the trial court denied the motion to suppress on the ground that the facts did not give rise to a custodial interrogation requiring Miranda rights to be given. Specifically, the court found that Appellant had not been handcuffed, interrogated, or in any way subjected to a restraint on his liberty. After an adjudicatory hearing, the court withheld adjudication and placed Appellant on probation. Appellant contends that the trial court reversibly erred by denying the motion to suppress, by allowing into evidence Appellant’s confession without making a specific finding that the confession was freely and voluntarily given, and by allowing into evidence the confession where the State failed to prove the corpus delicti of the crime. Concluding as a matter of law that Appellant was in police custodial interrogation, so as to trigger the Miranda requirements, and that the erroneous admission of his incriminating statements is not harmless, we reverse the juvenile disposition order and sentence and remand for further proceedings. See J.G. v. State, 883 So.2d 915 (Fla. 1st DCA 2004).

Facts

The facts adduced at the suppression hearing are undisputed. The sole witness was Officer Biletnikoff, of the Panama City Police Department, who testified as to the following events occurring on October 11, 2002. Officer Biletnikoff lived on the same street as the victim, Ms. Bridges, who had contacted the officer several times about problems she was having with some of her neighbors. Specifically, the victim reported that Appellant and his brother had been harassing her. On the date in question, Officer Young was called to the victim’s residence in response to a report that someone had damaged a car windshield by what appeared to be a BB gun shooting. Officer Young contacted Appellant’s father, but their conversation apparently “did not go well.” The officer left the residence, “ran” Appellant’s father’s name through the police records, and discovered that the father was wanted by law-enforcement authorities in South Florida. Aware that Appellant’s father was going fishing at St. Andrews Marina and that their initial contact had not gone smoothly, Officer Young called for assistance from Officers Biletnikoff and Bryant and headed to the [576] marina, where they found Appellant and his father.

In Appellant’s presence, Officers Young and Biletnikoff arrested the father on the outstanding arrest warrant, placed him in the back of a patrol car, and transported him to jail. They looked for someone to retrieve Appellant and to pick up the father’s car, which contained fishing equipment and could not be secured. Appellant, who had become very upset over his father’s arrest, stood around as the officers pondered what to do. Officer Bryant was called away from the scene. Officer Bilet-nikoff testified that Appellant was too young to drive, and the police eommend-ably refused to leave Appellant alone in that part of town after sundown. Appellant asked the police to call his older brother, who was returning from Alabama and agreed to pick up Appellant. Officer Biletnikoff testified that he remained at the marina with Appellant “for a long time.” Appellant was told he was going home but would have to wait for his brother to get him. During this period, Appellant was not handcuffed, was not placed in the back of a patrol car, and was not arrested.

Eventually, Officer Bryant returned to the marina area and, referring to the incident involving Ms. Bridges, announced: “We know he did it.” When Officer Bilet-nikoff asked: “How do we know this?” Officer Bryant answered that the victim had gotten so tired of being bothered that she had put a videocamera in her window and had captured everything on tape. Officer Biletnikoff then looked at Appellant and asked him: “What am I gonna see on this tape when I look at it?” and Appellant answered: “You’re gonna see me doing it.” When the officer asked: “Do what?” and indicated to Appellant to show him, Appellant held up his hand as if he had a pistol or BB gun. When the officer asked if that is what Appellant had done, Appellant answered affirmatively.

On cross-examination, Officer Biletnikoff was asked whether Appellant had been free to leave the marina area as he and the officer awaited the brother’s arrival. The officer answered: “If he wanted to go, he could go, as long as a parent came and got him. We’re not gonna let him walk out of there.” That is, the officers refused to allow a 12-year-old to leave unescorted because of safety concerns in that neighborhood at night. When Officer Biletni-koff was asked whether Appellant had been “in custody” at that time for his own safety, the officer responded: “Waiting for his brother to come, yeah.” The officer did not believe Appellant was ever advised of his Miranda rights.

Law

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J.C.M. v. State, 891 So. 2d 573, 2004 Fla. App. LEXIS 18835 (Fla. Ct. App. 2004).

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