State v. Glatzmayer

789 So. 2d 297, 2001 WL 459859
CourtSupreme Court of Florida
DecidedMay 3, 2001
DocketSC00-602
StatusPublished
Cited by133 cases

This text of 789 So. 2d 297 (State v. Glatzmayer) is published on Counsel Stack Legal Research, covering Supreme Court 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. Glatzmayer, 789 So. 2d 297, 2001 WL 459859 (Fla. 2001).

Opinion

789 So.2d 297 (2001)

STATE of Florida, Petitioner,
v.
Brian L. GLATZMAYER, Respondent.

No. SC00-602.

Supreme Court of Florida.

May 3, 2001.
Rehearing Denied June 29, 2001.

*299 Robert A. Butterworth, Attorney General, and Celia A. Terenzio, Assistant Attorney General, West Palm Beach, FL, for Petitioner.

Michael Salnick, West Palm Beach, Florida; and Ian J. Goldstein, West Palm Beach, FL, for Respondent.

SHAW, J.

We have for review Glatzmayer v. State, 754 So.2d 71 (Fla. 4th DCA 2000), wherein the district court certified the following question:

When suspects who are considering waiving their Miranda rights ask law enforcement officers if they should invoke the right to counsel, what does Almeida require of the officers?

Glatzmayer, 754 So.2d at 74. We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. We answer as explained below and quash Glatzmayer.

I. FACTS

The relevant facts are set forth in the trial court's order denying Glatzmayer's motion to suppress:

In the early morning hours of February 15, 1998, Eric Schunk was shot and killed in the Rainberry Woods Park in Delray Beach, Florida. When the police arrived, the defendant, Brian Glatzmayer, was at the scene and believed to be a witness to what he claimed was a drive-by shooting. After speaking with Glatzmayer the police felt that the physical evidence at the scene was inconsistent with his version of the incident. Through follow up investigation, Glatzmayer and three other individuals became suspects in the murder of Eric Schunk.
*300 On February 16, 1998, Detective Ed Flynn of the Delray Beach Police department went to the home of a witness to show her a photo lineup. The defendant was present and told Flynn that he wanted to change his statement. He was taken to the police department and [Detective Flynn] along with Sgt. Robert Brand questioned him. He was advised of his Miranda Warnings from a standard rights card which was signed by the defendant. After a brief statement, a formal taped statement was taken. Pursuant to the agreement of the parties, the Court reviewed that statement prior to the hearing. The defendant confessed to his involvement in the murder of Eric Schunk.
Both officers testified that the defendant was not promised or threatened to give a statement, did not appear to be under the influence of any alcohol or drugs, and that he freely and voluntarily spoke with them. After the officers took a statement from him, he was asked if he would put the statement on tape. At that point the defendant asked the officers if "they thought he should get a lawyer?" The officers responded that it was his choice. At that point the defendant [who was eighteen years old] requested to speak with his mother. She was located by the officers and given an opportunity to speak with her son alone for about a half hour. After speaking with his mother, the defendant gave a taped statement. On the tape itself the defendant stated that he understood his rights and that he was not threatened or promised anything. The defense did not present any testimony.
Based on the totality of the testimony presented and the tape recorded statement of the defendant, the Court finds that the statement given by the defendant was done so after he was properly advised of his Miranda Warnings and that it was done so freely and voluntarily. The evidence demonstrates that the defendant did not invoke his right to counsel, that his question was at best an equivocal request for counsel, and that the officers were correct in telling the defendant that whether or not he should get a lawyer was his choice. Based upon the authority of State v. Owen, 696 So.2d 715 (Fla.1997), Slawson v. State, 619 So.2d 255 (Fla.1993); Davis v. United States, 512 U.S. 452 [, 114 S.Ct. 2350, 129 L.Ed.2d 362] (1994), it is:
Ordered and adjudged that the Defendant's Motion to Suppress is Denied.

(Emphasis added.)

The taped statement was admitted at trial and Glatzmayer was convicted of first-degree felony murder and attempted robbery without a firearm and was sentenced to concurrent terms of life imprisonment without the possibility of parole and twelve years imprisonment, respectively. The district court reversed the convictions based on this Court's then-recent decision in Almeida v. State, 737 So.2d 520 (Fla.1999)[1], which was unavailable to the trial court at the time of the suppression hearing.[2] The district court certified the above question.

*301 II. THE APPLICABLE LAW

Suppression issues are extraordinarily rich in diversity and run the gamut from (1) pure questions of fact,[3] to (2) mixed questions of law and fact,[4] to (3) pure questions of law.[5] Reviewing courts must exercise care when examining such issues, for while the issues themselves may be posed in broad legal terms (e.g., whether a suspect was "in custody," whether conduct by police constituted "interrogation"), the actual ruling is often discrete and factual (e.g., whether police did in fact tell a suspect he was free to go, whether police did in fact ask a suspect if he committed the crime). Appellate courts cannot use their review powers in such cases as a mechanism for reevaluating conflicting testimony and exerting covert control over the factual findings. As with all trial court rulings, a suppression ruling comes to the reviewing court clad in a presumption of correctness as to all fact-based issues,[6] and the proper standard of review depends on the nature of the ruling in each case.[7]

*302 The law in Florida governing custodial utterances has undergone significant change in recent years:

This Court in Long v. State, 517 So.2d 664, 667 (Fla.1987), held that if in the course of custodial interrogation a suspect makes an utterance that may be an attempt to invoke his or her rights, police may "continue questioning for the sole purpose of clarifying the equivocal request." Subsequent to Long, the United States Supreme Court in Davis v. United States, 512 U.S. 452 [, 114 S.Ct. 2350, 129 L.Ed.2d 362] (1994), held that if a suspect initially waives his or her rights, the suspect thereafter must clearly invoke those rights during the ensuing interview.... This Court was then faced in State v. Owen, 696 So.2d 715 (Fla.1997), with the issue of whether to adopt the Davis rationale in Florida.

Almeida, 737 So.2d at 522-23 (citations omitted). The particular statements at issue in State v. Owen, 696 So.2d 715 (Fla. 1997), were equivocal utterances[8] and the Court concluded that to require police to stop an interview and clarify such statements "places too great an impediment upon society's interest in thwarting crime." Owen, 696 So.2d at 719. The Court followed Davis:

Thus, we hold that police in Florida need not ask clarifying questions if a defendant who has received proper Miranda warnings makes only an equivocal or ambiguous request to terminate an interrogation after having validly waived his or her Miranda rights.

Owen, 696 So.2d at 719.

Subsequently, the Court in Almeida v.

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Bluebook (online)
789 So. 2d 297, 2001 WL 459859, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-glatzmayer-fla-2001.