State v. Johnson

District Court of Appeal of Florida

State v. Johnson

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

CourtDistrict Court of Appeal of Florida

DecidedDecember 13, 2006

DocketNo. 3D06-1705

StatusPublished

Cited by1 cases

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

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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.

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Bluebook (online)

949 So. 2d 219, 2006 Fla. App. LEXIS 20781, 2006 WL 3615205, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-johnson-fladistctapp-2006.

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