RICHARD BAIN A/K/A RICHARD MENARD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Richard Bain was convicted of burglary after police obtained incriminating statements by continuing interrogation despite the defendant appearing unsure about waiving his Miranda rights. The court reversed and remanded for a new trial, finding that the officer's continued questioning and elicitation of the defendant's name and address violated his Fifth Amendment right to remain silent.
The court held that continuing interrogation after acknowledging the defendant appeared uncertain about continuing violated his constitutional rights, and that any statements elicited can be construed as comments on his right to remain silent, constituting reversible error regardless of the officer's motive or intent.
[1] A defendant's invocation of the right to remain silent may not be used against him.
[2] Questioning a defendant after they appear uncertain about continuing an interrogation violates their constitutional rights.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“The law is clear that a defendant's invocation of his right to remain silent may not be used against him”
Establishes the fundamental principle that invocation of Miranda rights cannot be used as evidence against a defendant
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceBain was apprehended at the scene of a burglary after falsely telling police he lived in the burglarized residence. A gold watch allegedly taken from …
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BERANEK, Judge.
The defendant appeals his conviction and sentence for burglary. After considering all the points raised on appeal, we find two which merit discussion and reverse for a new trial.
The defendant was apprehended at the scene of a burglary. Prior to his arrest, he told the police that he lived in the burglarized residence. However, through other witnesses present it was determined that the defendant was not, in fact, the owner of the premises, and he was arrested. A search of the defendant revealed a gold watch allegedly taken from the home. During the trial, the arresting police officer was questioned regarding his adminis-. tration of Miranda rights to the defendant. The conclusion of his testimony was:
Prosecutor: Q Did you read all — excuse me. Go ahead.
Officer: A And knowing and understanding your rights as I have explained them to you, are you willing to answer my questions without an attorney present?
I believe his answer there was, he was unsure of himself and I didn’t go any farther with him.
Defense counsel objected and asked for a mistrial, which was denied.
The officer continued to testify that after he observed that the defendant was unsure of himself and decided not to pursue questioning because of this uncertainty, he asked the defendant two more questions: his name and address. At this point, the defendant gave two different names, and he also gave his address. This evidence was crucial since at the time the officer arrived at the scene of the burglary, the defendant told the police officer that he lived in the home that had just been burglarized. Therefore, the officer elicited incriminating evidence after the defendant appeared unsure about invoking his right to remain silent.
The law is clear that a defendant’s invocation of his right to remain silent may not be used against him, Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966); Bennett v. State, 316 So. 2d 41 (Fla.1975). In Trafficante v. State, 92 So. 2d 811 (Fla.1957), the Supreme Court prohibited any such comment, without regard to the character of the comment, or the motive or intent with which it is made. If such a comment is subject to an interpretation which would bring it within the constitutional prohibition, regardless of its susceptibility to a different construction, it constitutes reversible error. The statements that were elicited in this case violated the defendant’s constitutional rights since they can easily be construed as a comment on his right to remain silent. Furthermore, the defendant’s constitutional rights were violated when the arresting officer continued questioning after acknowledging that the defendant appeared uncertain about continuing the interrogation.
REVERSED AND REMANDED.
DELL and WALDEN, JJ., concur.
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DiGUILIO v. State, 451 So. 2d 487 (Fla. 5th DCA 1984)…t DCA 1982), the court reversed a conviction on charges of sexual battery and burglary with assault because the officer testified that the defendant had said that he did not want to make a statement and wanted to talk to a lawyer. In Bain v. State, 440 So. 2d 454 (Fla. 4th DCA, 1983), a conviction for burglary was reversed when the officer testified that after the defendant was given his Miranda warnings and was asked if he wished to answer questions, he indicated that he was unsure of himself. He then gave…
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Lowry v. State, 468 So. 2d 298 (Fla. 4th DCA 1985)…ANSTEAD, Chief Judge, concurring specially: I concur in the majority’s opinion and write separately only to note that under a more flexible standard I would find the comment quoted in the majority opinion to be harmless error. Cf. Bain v. State, 440 So. 2d 454 (Fla. 4th DCA 1983); Brazil v. State, 429 So. 2d 1339 (Fla. 4th DCA 1983).…
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Roberts v. State, 443 So. 2d 192 (Fla. 3d DCA 1983)…ilent, see Samosky v. State (Fla. 3d DCA 1983) (Case No. 82-2614, opinion filed November 15, 1983), and cases cited therein, regardless of its susceptibility to a different construction, Trafficante v. State, 92 So. 2d 811 (Fla.1957); Bain v. State, 440 So. 2d 454 (Fla. 4th DCA 1983), and notwithstanding that the comment, made as it was prior to the presentation of evidence, related to the defendant’s “impending failure to take the stand” rather than “his completed election not to become a witness.” State v.…
Authorities Cited
- Miranda v. Arizona, 384 U.S. 436 (U.S. 1966)
- Bennett v. State, 316 So. 2d 41 (Fla. 1975)
- Russ v. State, 92 So. 2d 811 (Fla. 1957)