State v. VC

600 So. 2d 1280, 1992 WL 138811
CourtDistrict Court of Appeal of Florida
DecidedJune 23, 1992
Docket91-1290, 91-1365
StatusPublished

This text of 600 So. 2d 1280 (State v. VC) 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. VC, 600 So. 2d 1280, 1992 WL 138811 (Fla. Ct. App. 1992).

Opinion

600 So.2d 1280 (1992)

The STATE of Florida, Appellant,
v.
V.C. and R.S., juveniles, Appellees.

Nos. 91-1290, 91-1365.

District Court of Appeal of Florida, Third District.

June 23, 1992.

Robert A. Butterworth, Atty. Gen., and Jorge Espinosa and Richard Fechter, Asst. Attys. Gen., for appellant.

Bennett H. Brummer, Public Defender, and N. Joseph Durant, Jr., Asst. Public Defender, for appellees.

Before BASKIN, JORGENSON and GODERICH, JJ.

JORGENSON, Judge.

The State appeals from an order suppressing the oral and written statements of V.C. and R.S. For the reasons that follow, we reverse.

A student at North Miami High School identified V.C. and R.S., also students, as two individuals who had robbed him. The victim reported the incident to Hindman, *1281 the assistant principal, on a Friday afternoon. Hindman telephoned the police that afternoon and informed them of the alleged robbery. The following Monday, Hindman asked V.C. to leave class and questioned him in the hallway. V.C. admitted his involvement in the incident. Hindman then told V.C. that a police investigation was possible and took V.C. to the office, where V.C. wrote out a statement describing the incident. The same morning, R.S. had gone to the school's administrative office to obtain a pass for a previous absence. Hindman saw R.S. in the office and asked to see him. Hindman took R.S. into an empty office, questioned him about the alleged robbery, and warned him that the police could get involved in the matter. R.S. told Hindman about his involvement in the incident and gave a written statement. Neither V.C. nor R.S. ever indicated that they did not want to give the statements. Hindman did not actually know whether a criminal investigation was to take place, but only knew that a police report had been filed.

When V.C. and R.S. were arrested, Hindman gave their statements to the police. In the delinquency proceedings, V.C. and R.S. moved to suppress those statements on the grounds that they were not freely and voluntarily given and were obtained by virtue of an illegal detention. The trial court, following an evidentiary hearing, suppressed all oral and written statements given by V.C. and R.S., finding that those statements were given in a "`police-like' atmosphere, where the Assistant Principal worked almost as an agent for the police... ." The court ruled that "it was incumbent upon school authorities" to safeguard the students' Fifth Amendment privileges.[1]

The record does not support the trial court's findings that the statements were coerced. V.C. testified that he willingly gave his statement. R.S. presented no testimony but, according to Hindman, indicated no reluctance to give an oral or written statement. The United States Supreme Court has held that the legality of a school principal's search of a student depends on the reasonableness of that search in light of the surrounding circumstances. New Jersey v. T.L.O., 469 U.S. 325, 105 S.Ct. 733, 83 L.Ed.2d 720 (1985). The same principle of reasonableness should apply to the Fifth Amendment claims that were raised in this case. The record does not support the trial court's conclusion that the assistant principal's actions were unreasonable. There is no evidence that the assistant principal was overbearing or did anything to extract the students' confessions that was incompatible with our constitutional principles.

There is likewise no evidence in the record to support the trial court's finding that the students were in custody when they were questioned. Although they were not free to leave, that restriction stemmed from their status as students and not from their status as suspects. Cf. Minnesota v. Murphy, 465 U.S. 420, 104 S.Ct. 1136, 79 L.Ed.2d 409 (1984) (probationer's obligation to appear before probation officer did not convert otherwise voluntary statements into coerced statements).

Finally, there is no evidentiary support for the trial court's finding that Hindman acted as an agent for the police. Hindman testified that, as an assistant principal, he had to deal with students' disciplinary problems and that the investigations he conducted within the school often yielded information that he would eventually turn over to the police. However, his primary function when dealing with disciplinary problems was to act as a fact-finder for the school system. Hindman's testimony reveals that he was acting to further the interests of the school, not the police. Because there is no evidence in the record that Hindman was acting as an agent for the police, the trial court erred in *1282 suppressing the statements. Cf. In re J.C., 591 So.2d 315 (Fla. 4th DCA 1991) (assistant principal's questioning of student in principal's office while sheriff's deputy present not custodial interrogation, as assistant principal was school official and not police official); W.B. v. State, 356 So.2d 884 (Fla. 3d DCA 1978) (assistant principal who took statement of juvenile was acting as school official and not agent of police when juvenile confessed to him; Miranda warnings not required); compare F.P. v. State, 528 So.2d 1253 (Fla. 1st DCA 1988) ("school official exception" to probable cause requirement for warrantless search not applicable where search carried out at behest of police by School Resource Officer who was employee of Sheriff's department and had dual role of school official and law enforcement officer), and State v. M.A.L., 765 P.2d 787 (Okla. Crim. App. 1988) (assistant principal acted as state officer and not merely as school investigatory official when he questioned student in presence of police and had himself called police).

Accordingly, we reverse the order of suppression and remand for further proceedings consistent with this opinion.

GODERICH, J., concurs.

BASKIN, Judge (dissenting).

I am unable to agree with the majority's conclusion that the trial court erred in granting the juveniles' motions to suppress their statements.

It is well settled that "[t]he ruling of the trial court on a motion to suppress comes to us clothed with a presumption of correctness and we must interpret the evidence and reasonable inference[s] and deductions in a manner most favorable to sustaining the trial court's ruling." Owen v. State, 560 So.2d 207, 211 (Fla.), certiorari denied, ___ U.S. ___, 111 S.Ct. 152, 112 L.Ed.2d 118 (1990); Rigol v. State, 561 So.2d 1308, 1309 (Fla. 3d DCA 1990); State v. Rizo, 463 So.2d 1165, 1167 (Fla. 3d DCA 1984). Furthermore, "a reviewing court should not substitute its judgment for that of the trial court[,]" Rigol v. State, 561 So.2d 1308, 1309 (Fla. 3d DCA 1990), but "must interpret the evidence and the reasonable inferences derived from it in a light most favorable to the trial court." State v. Rizo, 463 So.2d 1165, 1167 (Fla. 3d DCA 1984). Contrary to the majority's conclusion, the evidence amply supports the trial court's order.[1] Because the state has not overcome the presumption of correctness, I would affirm the order.

Several circumstances support the trial court's conclusion that the statements were *1283 involuntary.

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Related

Gallegos v. Colorado
370 U.S. 49 (Supreme Court, 1962)
Minnesota v. Murphy
465 U.S. 420 (Supreme Court, 1984)
New Jersey v. T. L. O.
469 U.S. 325 (Supreme Court, 1985)
State v. Rizo
463 So. 2d 1165 (District Court of Appeal of Florida, 1984)
In Interest of JC
591 So. 2d 315 (District Court of Appeal of Florida, 1991)
Owen v. State
560 So. 2d 207 (Supreme Court of Florida, 1990)
State v. M.A.L.
1988 OK CR 274 (Court of Criminal Appeals of Oklahoma, 1988)
T. B. v. State
306 So. 2d 183 (District Court of Appeal of Florida, 1975)
W. B. v. State
356 So. 2d 884 (District Court of Appeal of Florida, 1978)
State v. Charon
482 So. 2d 392 (District Court of Appeal of Florida, 1985)
In the Interest of F.P. v. State
528 So. 2d 1253 (District Court of Appeal of Florida, 1988)
Rigol v. State
561 So. 2d 1308 (District Court of Appeal of Florida, 1990)
W.M. v. State
585 So. 2d 979 (District Court of Appeal of Florida, 1991)
State v. V.C.
600 So. 2d 1280 (District Court of Appeal of Florida, 1992)
City of Seaford v. Delmarva Power & Light Co.
498 U.S. 855 (Supreme Court, 1990)

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Bluebook (online)
600 So. 2d 1280, 1992 WL 138811, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-vc-fladistctapp-1992.