# State v. Brown

> District Court of Appeal of Florida · March 9, 1990 · 558 So. 2d 1054

URL: https://www.frixlaw.com/law-library/cases/7581388

## Case

- **Full name:** STATE of Florida v. Barry G. BROWN
- **Court:** District Court of Appeal of Florida
- **Decided:** March 9, 1990
- **Citations:** 558 So. 2d 1054; 1990 Fla. App. LEXIS 1481; 1990 WL 21409
- **Precedential status:** Published
- **Opinion:** Concurrence by Hall
- **Judges:** Danahy, Hall, Parker
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7581388

## Opinion text

HALL, Judge,
concurring specially.
I agree that no incorrect information was given to the appellant by the police officer to induce the appellant to voluntarily accompany the officer to Manatee County.
When the appellant first encountered the officer, he was advised that the officer had a warrant for his arrest, and he then voluntarily agreed to accompany the officer to Manatee County; but thereafter, upon further consideration, he said no and asked what would happen if he refused. The officer advised the appellant that he would be arrested. He was further advised that it would be better for him if he voluntarily went with the officer. He then again agreed to go with the officer and did accompany the officer to Manatee County, where he was advised of his rights, after which he made the statements in question.
I am not willing to say that a police officer owes a duty to every suspect to advise him of the official arrest procedures that will be followed, beyond those required by Miranda, as a result of the suspect’s actions. Not advising a suspect of these procedures does not deny him his constitutional rights or result in an illegal arrest such as occurred in Wong Sun v. United States, 371 U.S. 471 , 83 S.Ct. 407 , 9 L.Ed.2d 441 (1963).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7581388. Public record. Not legal advice.