Opinion

B.L. v. State

425 So. 2d 1178
1983 Fla. App. LEXIS 18510

Court: District Court of Appeal of Florida
Filed: Jan 18, 1983
Status: Published
Author: Ferguson
On the bench: Baskin, Ferguson, Nesbitt
Cited by: 8 cases

The opinion

FERGUSON, Judge

(concurring).

The result is further compelled by a recent state supreme court case which seems to hold that police questioning can be custodial, requiring that Miranda warnings be given, even in a noncustodial setting, and that the test is, as a matter of law, the intent and purpose of the police without regard for the defendant’s subjective belief. DeConingb v. State, (Fla.1982) (Case No. 61,008, opinion filed October 28,1982).

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