JAMES H. KNOWLES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Voluntariness Of Statements cases and more on FLexlaw
PER CURIAM.
AFFIRMED.
HERSEY and DELL, JJ., concur.
ANSTEAD, J., concurs specially with opinion.
ANSTEAD, Judge,
specially concurring:
Although I concur in the majority’s holding that the appellant’s multiple convictions and sentences for manslaughter should be affirmed, I write separately only to comment on one aspect of appellant’s claim that the trial court erred in determining that appellant’s statement to the police was given voluntarily. Since there was conflicting evidence presented on the issue and the trial court evaluated such evidence firsthand, I do not believe error has been demonstrated. However, it is undisputed, and, indeed, recorded on tape, that the police officer who secured appellant’s statement first informed appellant:
“. .. that this statement is taken primarily in order to refresh your memory at the time you may be called upon to testify, when this matter goes to Court.”
In my view this representation by the police officer was completely improper and only served to increase the burden of the state to prove that appellant’s statement was indeed given voluntarily. Here the state was able to meet that burden to the satisfaction of the trial court despite the interrogating officer’s obvious misrepresentation as to the primary purpose of interrogating the appellant. See, generally, Hawkins v. Wainwright, 399 So. 2d 449 (Fla. 4th DCA 1981). However, in other instances such conduct on the part of the police may well be the factor that tips the scales against a finding of voluntariness.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
State v. Cleo D. LeCROY and Jon M. LeCroy, 441 So. 2d 1182 (Fla. 4th DCA 1983)…t 3) at trial — but, nothing else is required — not the suppression of legally obtained evidence in order to inculcate upon [*1184] those charged with the enforcement of the law, the error of using the improper language, as used in Knowles v. State, 407 So. 2d 259 (Fla. 4th DCA 1981) and here; it would be too great a price for society to pay. I concur in the denial of the Motion for Rehearing, not because I feel that it is without merit, but because I am confident that the Supreme Court will accept certifica…
-
State v. Cleo D. LeCROY and Jon M. LeCroy, 435 So. 2d 354 (Fla. 4th DCA 1983)…and suppresses State’s Exhibit 3 from evidence. Had it not been for the above quoted admonition, the Court would have denied the motion.” I have no quarrel with this holding, and would affirm the suppression of State’s Exhibit 3. Knowles v. State, 407 So. 2d 259 (Fla. 4th DCA 1981). My disagreement is with the suppression of the shotgun and .22 calibre pistol taken from the LeCroy residence in Miami; and the 30.06 rifle from the Elliott residence in Miami on the night of January 11, 1981. The trial court g…1 / 2
Authorities Cited
- Norris Bernard Hawkins v. Louie L. Wainwright, 399 So. 2d 449 (Fla. 4th DCA 1981)