State v. Alexander

810 So. 2d 552, 2002 WL 246353
CourtDistrict Court of Appeal of Florida
DecidedFebruary 22, 2002
Docket5D01-1423
StatusPublished
Cited by2 cases

This text of 810 So. 2d 552 (State v. Alexander) 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
State v. Alexander, 810 So. 2d 552, 2002 WL 246353 (Fla. Ct. App. 2002).

Opinion

810 So.2d 552 (2002)

STATE of Florida, Appellant,
v.
Dustin Sebastian ALEXANDER, Appellee.

No. 5D01-1423.

District Court of Appeal of Florida, Fifth District.

February 22, 2002.

*553 Robert A. Butterworth, Attorney General, Tallahassee, and Kellie A. Nielan, Assistant *554 Attorney General, Daytona Beach, for Appellant.

Franklin T. Walden of Law Offices of Franklin T. Walden, Altamonte Springs, for Appellee.

ORFINGER, R.B., J.

The State appeals from an order suppressing certain statements made by the defendant, Dustin Alexander, as well as certain tangible evidence. We reverse.

The State does not challenge the factual findings made by the trial court. Rather, the State maintains the court's ruling amounts to an erroneous application of law subject to de novo review. See Ornelas v. United States, 517 U.S. 690, 116 S.Ct. 1657, 134 L.Ed.2d 911 (1996); Williams v. State, 788 So.2d 334 (Fla. 5th DCA 2001). The facts found by the court in the suppression order are:

1. The Defendant was arrested in this case for robbery with a firearm, a first-degree felony punishable by life. The arrest occurred at the conclusion of a police interview conducted at the home of the Defendant.
2. Upon the arrest, the officer [Smith] spoke to the father of the Defendant, who was very agitated over his son's involvement in the robbery, about "the issue of the firearm." The father told the officer that "[he] would find the gun," and, in the officer's presence, asked the Defendant about the location of the gun. The Defendant told his father and the officer where the gun was located.
3. After recovering the gun, the Defendant was taken to the police station where he waived his constitutional rights and gave a second statement.
4. The Court has reviewed the tape-recorded statements that were entered into evidence as Exhibits "B" and "C".
5. This Court finds that the original statement, taken at the house of the Defendant, is not subject to suppression pursuant to this motion. For the following reasons, the court finds that it was not given as a result of coercion:
a. The officer was dressed in plain clothes, without his firearm or handcuffs.
b. The officer did not restrict the movement of the Defendant or make it so that he was not free to leave the room.
c. Miranda warnings were not necessary, as the Defendant was not in custody.
d. The investigative techniques used by the officer did not create a coercive atmosphere.
e. The officer had requested and received permission to interview the Defendant at least 30 minutes before arriving at the Defendant's home.
6. This Court finds that the statements made after the physical arrest of the Defendant and the recovery of the firearm are subject to suppression. For the following reasons, the Court finds that these statements and the firearm were obtained as the result of a coercive atmosphere:
a. The Defendant was in police custody.
b. The Defendant had not been given meaningful Miranda warnings, as they were not read from the officer's Miranda card.
c. The Defendant was only 18 years of age at the time of the arrest, and he was living in his parents' home, where the arrest occurred.
*555 d. Originally, it was not the officer's intention to take the Defendant into custody by way of arrest after the Defendant's confession at the home. However, upon leaving the room where the interview was conducted, the Defendant's father asked the officer whether the Defendant was "involved." When the officer advised that he was, the father ordered the officer to "get him out of here." The father's expressions of anger and disappointment in his son made the arrest necessary to prevent potential harm to the Defendant. The officer had to step in between the father and the Defendant in order to prevent a physical attack upon the Defendant. The court had the opportunity to observe the relative physical size of the father and the Defendant. The father is a large, physically well-built individual and the Defendant is a slim, young man who was in handcuffs and could not have defended himself.
e. At the time of the arrest, the officer believed that the gun had been abandoned in a nearby lake after the robbery. When he made a statement about "the issue of the firearm" to the father, the officer planned to take the Defendant to the lake to determine the location of where the gun had been abandoned. Instead, he accepted the father's "assistance" when the father stated that "[he] would find the gun" without first advising the Defendant of his Constitutional rights. This "assistance" came immediately following the physical confrontation and while the Defendant was handcuffed in the room with his father. The demeanor of the officer at the time that he testified that the father said "[he] would find the gun" left no other interpretation than that the father would force the Defendant to tell the officer where the gun was located. The effectiveness of the father's coercive posturing cannot be denied in that the Defendant initially lied to the officer, until his father's overt threatening acts forced him to tell the truth and reveal that the firearm was under his mattress and not in the lake.
f. Although the officer did not intentionally recruit the father to find the location of the gun, his statement to the father about the "issue of the firearm" and the father's statement, made in anger, that "[he] would find the gun," in addition to the coercive atmosphere discussed above, made the Defendant's revelation of the location of the gun in his bedroom, and not in the lake, involuntary as the result of coercion. Instead of separating the Defendant from his father, the officer obtained the benefit of the father's coercion in forcing the Defendant to reveal the true location of the firearm, something the officer would not have been allowed to do himself.
7. Because the Defendant was given proper Miranda warnings, which rights were validly waived, the statement given at the police station is not subject to suppression pursuant to this motion.
8. Although the Court considered striking the testimony of the Defendant, the Court did, in fact consider this testimony when making this ruling.
*556 9. The firearm recovered by law enforcement from the bedroom of the Defendant on January 22, 2001 and the statements made by the Defendant at his house after his physical arrest are hereby suppressed. The motion is hereby denied as to all statements made to Officer Smith at the Defendant's house prior to the physical arrest and all statements made at the police station.

(Emphasis in original).

The duty of a law enforcement officer to inform a suspect of Miranda rights arises when custodial interrogation begins. See Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966); Davis v. State, 698 So.2d 1182 (Fla.1997).

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Related

State v. David v. Maloney
191 So. 3d 969 (District Court of Appeal of Florida, 2016)
Halm v. State
958 So. 2d 392 (District Court of Appeal of Florida, 2007)

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Bluebook (online)
810 So. 2d 552, 2002 WL 246353, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-alexander-fladistctapp-2002.