Florida Miranda Warnings | Videotaped Confessions | New Trial Required

Florida Criminal Defense Expert Miranda Warnings
The Florida Supreme Court has just issued a new ruling on Videotaped Statements of a defendant. The facts involve a Videotaped in-custody confession. The Court reversed a conviction due to police conduct in interrogating defendant. For several hours of custodial interrogation, the police deliberately delayed administration of Miranda warnings. The fruit of the Miranda violation included incriminating / inculpatory admissions.

Police did finally get around to giving the warnings required by Miranda v Arizona.  The interrogators minimized and downplayed the significance of the Miranda warnings and then continued the interrogation . The Florida Supreme Court held that the officers should have provided Miranda warnings before the interrogation became accusatorial and officers confronted the defendant with fact that they had other evidence that linked the defendant to the crime scene.

The Court continued and found a reasonable person would not have felt at liberty to terminate interrogation and leave. As for Post-Miranda statements, the Court found that under a totality of circumstances, that the waiver of defendant's rights against self-incrimination was not voluntary, knowing, and intelligent, and therefore his statements were not voluntary. New trial required.

Source: 35 Fla. L. Weekly S295a