Meredith v. State

964 So. 2d 247, 2007 WL 2609392
CourtDistrict Court of Appeal of Florida
DecidedSeptember 12, 2007
Docket4D06-1141
StatusPublished
Cited by12 cases

This text of 964 So. 2d 247 (Meredith v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Meredith v. State, 964 So. 2d 247, 2007 WL 2609392 (Fla. Ct. App. 2007).

Opinion

964 So.2d 247 (2007)

William MEREDITH, Appellant,
v.
STATE of Florida, Appellee.

No. 4D06-1141.

District Court of Appeal of Florida, Fourth District.

September 12, 2007.

*248 Mark Orr, Fort Pierce, for appellant.

Bill McCollum, Attorney General, Tallahassee, and Laura Fisher Zibura, Assistant Attorney General, West Palm Beach, for appellee.

*249 TAYLOR, J.

The defendant, William Meredith, appeals his conviction and sentence for lewd or lascivious molestation of a child. He argues two points on appeal: (1) that the trial court erred in denying his motion to suppress statements made to police without Miranda warnings, and (2) that the trial court erred in allowing the state to file an amended information on the day of trial. Because the trial court properly concluded that the defendant was not in custody at the time he was questioned and, thus, was not required to be given Miranda warnings, we affirm on the first point. We also affirm as to the defendant's second point for the reasons discussed below.

The defendant was charged by information with one count of lewd or lascivious molestation-offender over 18, victim under 12. The information alleged:

August 01, 2004 William Vincent Meredith did, being 18 years of age or older, intentionally touch in a lewd or lascivious manner the breasts, genitals, genital area, or buttocks, or the clothing covering them, of A.A., a person less than 12 years of age, or did force or entice A.A. to so touch the defendant, in violation of Florida Statute 800.04(5)(b); . . .

Before trial, the defendant moved to suppress his statements to police. He contended that he made the statements during a custodial interrogation without the benefit of the warnings required by Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966).

At the suppression hearing, Detective Todd Finnegan of the Indian River County Sheriff's Office testified that he called the defendant on the telephone, told him that his name had come up in an investigation, and asked him to come to the sheriff's office at his convenience to discuss the matter. The defendant asked what it was about, but the detective said he did not want to discuss it over the phone. The detective told him that he was not "under arrest or anything."

The defendant arrived at the station a few hours later. He met Detective Finnegan in the front lobby and was escorted by the detective to an interview room. He had to get "buzzed in" by the secretary before he could proceed down the hallway to the interview room. The detective was the only officer present in the interview room. He testified that the door was unlocked and that he did not sit between the defendant and the door; he sat off to the side.

The interview was videotaped without the defendant's knowledge. At the beginning of the interview, Detective Finnegan told the defendant, "All right, man. I just want to let you know you're not under arrest. I appreciate you coming in here to talk to me. This is strictly voluntary." The detective then told the defendant that his ex-girlfriend's younger brother had made allegations that the defendant had engaged in some inappropriate touching with him and that the detective just wanted to get the defendant's "side of the story." The detective told the defendant that he had spoken to the boy, the boy's parents, and the Department of Children and Families. He told the defendant that the boy had described various incidents wherein the defendant had touched the boy's penis and the boy had touched the defendant's penis. The defendant acknowledged that he had occasionally touched the boy's penis, but explained that he did so in response to the boy's grabbing his penis while they were wrestling or playing "show and tell."

The detective used a "casual approach" in questioning the defendant, often calming him down when he "was a little nervous" *250 and assuring him that he was not accusing him of being a child molester but simply trying to get his "standpoint" so he would "have something to explain to the family." At one point, the detective asked the defendant if he needed counseling to sort out his possible attraction to young boys. After sternly warning the defendant not to let this happen again, the detective ended the interview and again told the defendant that he appreciated his coming in. The defendant then walked out of the station. A few hours later, the detective secured an arrest warrant for the defendant.

The defendant testified that he did not feel he was free to leave for several reasons. He said that the detective, who sat between him and the closed door, never told him that he was free to get up and go. Furthermore, he could not have found his way back to the lobby without the detective's help, because the interview room was at the end of a long hallway, with a few turns along the way. He also thought that because he initially had to be "buzzed in," he would have to be "buzzed out" to leave. The defendant said that he did not feel free to leave in light of the questions he was being asked, and that he felt he was under the detective's control and domination the entire time.

The trial judge denied the motion to suppress. He characterized the interview as a polite conversation. He found that the defendant's testimony, that he did not feel free to leave because he had gone down various hallways and was in a back room, was not credible. The trial court also found that there was no deception used to get the defendant to make his statement. He concluded that the defendant was not in custody and thus no Miranda warnings were required.

Miranda warnings are required only when an individual is undergoing custodial interrogation. The Supreme Court defined "custodial interrogation" as "questioning initiated by law enforcement officers after a person has been taken into custody or otherwise deprived of his freedom of action in any significant way." Miranda, 384 U.S. at 444, 86 S.Ct. 1602. Determining whether a person is in custody for Miranda purposes is based on how a reasonable person in the suspect's situation would perceive his or her circumstances. The ultimate inquiry is whether "a reasonable person placed in the same position would believe that his or her freedom of action was curtailed to a degree associated with actual arrest." Ramirez v. State, 739 So.2d 568, 573 (Fla.1999).

The Miranda custody test involves two discrete inquiries: first, what were the historical facts and circumstances surrounding the interrogation; and second, given those circumstances, "would a reasonable person have felt he or she was not at liberty to terminate the interrogation and leave." Thompson v. Keohane, 516 U.S. 99, 112, 116 S.Ct. 457, 133 L.Ed.2d 383 (1995). The first inquiry is factual, and we must accord the trial court's findings of historical fact a presumption of correctness. Id. But, the second inquiry requires us to apply the controlling legal standard to those facts and conduct an independent de novo review. Id.; Schoenwetter v. State, 931 So.2d 857 (Fla.), cert. denied, ___ U.S. ___, 127 S.Ct. 587, 166 L.Ed.2d 437 (2006); Connor v. State, 803 So.2d 598, 606 (Fla.2001); State v. Weiss, 935 So.2d 110, 116 (Fla. 4th DCA 2006).

The Miranda custody inquiry is an objective test that involves the consideration of four factors:

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Cite This Page — Counsel Stack

Bluebook (online)
964 So. 2d 247, 2007 WL 2609392, Counsel Stack Legal Research, https://law.counselstack.com/opinion/meredith-v-state-fladistctapp-2007.