State v. Blackburn
State v. Blackburn
Opinion of the Court
The issue posed by this appeal is whether the trial court properly granted the motion of the defendant, James Blackburn, to suppress his confession, which was elicited during a custodial interrogation.
The basic facts are uncomplicated, and the trial court specifically found that there were no credibility issues arising from the suppression hearing. The facts adduced at that hearing show that two officers from the Altamonte Springs Police Department, Detectives Humphreys and Tegge, traveled to Buncombe County, North Carolina, to interview Blackburn, who was in custody there on unrelated charges, in respect to his suspected involvement in auto theft, sexual battery and homicide in Florida.
The custodial interview began with the officers reading Blackburn his Miranda
In regard to this issue, we agree with the State’s argument that the waiver of a Miranda right may be shown by independent circumstances and by the actions of the accused as opposed to any express statement of waiver. See Lightbourne v. State, 438 So.2d 380 (Fla. 1983). It is clear from the record that Blackburn proceeded voluntarily with his statement after the second reading of his Miranda rights and, indeed, the trial court so found.
We believe the issue in this case is controlled by the opinions of the United States Supreme Court in Edwards v. Arizona, 451 U.S. 477, 101 S.Ct. 1880, 68 L.Ed.2d 378 (1981) and Oregon v. Bradshaw, 462 U.S. 1039, 103 S.Ct. 2830, 77 L.Ed.2d 405 (1983). It is clear from those opinions that where a defendant requests counsel and then later reinitiates communication with his interrogators and, having again been read his Miranda rights and asserting his understanding of them, that defendant’s subsequent statements to his custodial interrogators are admissible against him. See also Francis v. State, 808 So.2d 110 (Fla. 2001).
Accordingly, the order of suppression entered by the trial court is reversed.
REVERSED.
. Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.