State v. Blanco

Florida Circuit Courts

State v. Blanco

20 Fla. Supp. 2d 117

CourtCircuit Court for the Judicial Circuits of Florida

DecidedJanuary 26, 1987

DocketCase No. 85-224 AC

StatusPublished

This text of 20 Fla. Supp. 2d 117 (State v. Blanco) is published on Counsel Stack Legal Research, covering Circuit Court for the Judicial Circuits 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. Blanco, 20 Fla. Supp. 2d 117 (Fla. Super. Ct. 1987).

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Opinion

[118]*118OPINION OF THE COURT

PER CURIAM.

The traffic stop in this case, as testified to by the defendant, was no more coercive than the stop described in Berkemer v. McCarty, 468 U.S. 420, 104 S. Ct. 3138, 82 L. Ed. 2d 314 (1984). As such the defendant was not in custody during the initial questioning.

Roadside test are non-testimonial and not subject to Miranda requirements. State v. Villanueva, 7 Fla. Supp. 2d 101 (Cir. Ct. Dade 1984); State v. Arsenault, 336 A. 2d 244, 115 N.H. 109 (1975).

The County Court’s suppression of the pre-arrest statements and roadside tests were an error. The Order Granting Motion to Suppress and Exclude is reversed and the case is remanded to the trial court for further proceedings consistent with this opinion.

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[118]*118OPINION OF THE COURT

PER CURIAM.

The traffic stop in this case, as testified to by the defendant, was no more coercive than the stop described in Berkemer v. McCarty, 468 U.S. 420, 104 S. Ct. 3138, 82 L. Ed. 2d 314 (1984). As such the defendant was not in custody during the initial questioning.

Roadside test are non-testimonial and not subject to Miranda requirements. State v. Villanueva, 7 Fla. Supp. 2d 101 (Cir. Ct. Dade 1984); State v. Arsenault, 336 A. 2d 244, 115 N.H. 109 (1975).

The County Court’s suppression of the pre-arrest statements and roadside tests were an error. The Order Granting Motion to Suppress and Exclude is reversed and the case is remanded to the trial court for further proceedings consistent with this opinion.

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20 Fla. Supp. 2d 117, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-blanco-flacirct-1987.

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