State v. Johnson

District Court of Appeal of Florida

State v. Johnson

949 So. 2d 219, 2006 Fla. App. LEXIS 20781, 2006 WL 3615205

District Court of Appeal of Florida·Decided December 13, 2006·No. No. 3D06-1705·Published·Cited by 1 cases

Opinion

PER CURIAM.

The State appeals from an order which suppressed the appellee’s statement after he had invoked his Sixth Amendment right to counsel. Because, however, it is uncon-troverted that the appellee’s statement was spontaneous, and not “deliberately elicited” by the police, we reverse the trial court’s suppression of same. See State v. Delgadillo, 458 So.2d 20, 22 n. 2 (Fla. 3d DCA 1984), citing U.S. v. Henry, 447 U.S. 264, 100 S.Ct. 2183, 65 L.Ed.2d 115 (1980) and Massiah v. United States, 377 U.S. 201, 84 S.Ct. 1199, 12 L.Ed.2d 246 (1964).

Reversed and remanded for further proceedings.

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PER CURIAM.

The State appeals from an order which suppressed the appellee’s statement after he had invoked his Sixth Amendment right to counsel. Because, however, it is uncon-troverted that the appellee’s statement was spontaneous, and not “deliberately elicited” by the police, we reverse the trial court’s suppression of same. See State v. Delgadillo, 458 So.2d 20, 22 n. 2 (Fla. 3d DCA 1984), citing U.S. v. Henry, 447 U.S. 264, 100 S.Ct. 2183, 65 L.Ed.2d 115 (1980) and Massiah v. United States, 377 U.S. 201, 84 S.Ct. 1199, 12 L.Ed.2d 246 (1964).

Reversed and remanded for further proceedings.

State v. Johnson, 949 So. 2d 219, 2006 Fla. App. LEXIS 20781, 2006 WL 3615205 (Fla. Ct. App. 2006).

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Opinion

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