Florida District Courts of Appeal, 2011

Drout v. State

Florida District Courts of Appeal · Decided August 3, 2011 · Rothenberg, Salter, Wells

99 So. 3d 549; 2011 WL 3300387; 2011 Fla. App. LEXIS 12137 (Southern Reporter, Third Series)

Cases that cite this one

1 later published case cites this decision.

GREG SENSER v. STATE OF FLORIDA (Fla. Dist. Ct. App. 2018)

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Opinion of the Court

ROTHENBERG, J.

The sole issue raised in this appeal is whether the trial court erred in denying the defendant’s motion to suppress his pre-Miranda1 statements. Because the record fully supports the trial court’s finding that the statements were spontaneously uttered and not the product of the functional equivalent of a police interrogation, we affirm. See Rhode Island v. Innis, 446 U.S. 291, 301, 100 S.Ct. 1682, 64 L.Ed.2d 297 (1980); Rodriguez v. State, 906 So.2d 1082, 1091 (Fla. 3d DCA2004).

Affirmed.

. Miranda v. Atizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966).

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