BARRETT
v.
STATE OF FLORIDA
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Martin Barrett was convicted of first-degree murder and appealed, arguing the trial court erred in admitting photographic evidence of the victim, video evidence of a police interview, and post-crime evidence. The Florida District Court of Appeal affirmed the conviction, holding that the garage interview was not a custodial interrogation requiring Miranda warnings because Barrett was not in custody.
The court affirmed the judgment and sentence, holding that the garage interview was not a custodial interrogation requiring Miranda warnings because Barrett was not in custody—nothing in the video suggested he was not free to leave.
[1] Miranda warnings are not required unless the defendant is both in custody and under interrogation.
[2] A police interview conducted in a suspect's garage during a missing person investigation, where the suspect voluntarily returned home to meet officers and nothing suggest…
Previewing 2 of 3 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“Miranda warnings are not required unless the defendant is both 'in custody and under interrogation.'”
Establishes the two-prong test for when Miranda warnings are required
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceBarrett lived with the victim for years. When the victim went missing for several days, a friend and co-worker requested a welfare check. Barrett volu…
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FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA
No. 1D2023-2857
MARTIN E. BARRETT, Appellant,
v. STATE OF FLORIDA, Appellee.
On appeal from the Circuit Court for Leon County. Joshua M. Hawkes, Judge.
November 5, 2025
PER CURIAM.
Martin E. Barrett appeals his judgment and sentence for first-degree murder. He argues three issues to support reversal. First, that the trial court erred in admitting photographic evidence of the victim's body. Second, that the trial court erred in admitting video evidence of a police interview conducted in Barrett's garage. And finally, that the trial court erred in admitting certain evidence of Barrett's actions after the victim's death. We affirm but write to briefly address the second issue.
Barrett asserts that the video of the police interview conducted in his garage should have been suppressed because it was an un-Mirandized custodial interrogation. Having reviewed
the record, and considering all the circumstances of the interview, we conclude otherwise.
This case began as a missing person investigation. A friend and co-worker of the victim called police and requested a welfare check after not hearing from the victim for several days. The victim and Barrett had lived together for years. Barrett voluntarily returned home to meet with law enforcement officers who were attempting to locate the then-missing victim. They interviewed Barrett in the garage while the home was being searched.
We conclude this interview was not a custodial interrogation that required a Miranda warning. See Herard v. State, 390 So. 3d 610, 619 (Fla. 2024), cert. denied sub nom. Herard v. Fla., 145 S. Ct. 1315 (2025) (“Miranda warnings are not required unless the defendant is both ‘in custody and under interrogation.” (quoting Davis v. State, 698 So. 2d 1182, 1188 (Fla. 1997))). The video recording of the garage interview shows police asking Barrett standard questions for a missing person investigation. Police were gathering information to aid in finding the victim. Nothing in the video suggests that Barrett was not free to leave if he wanted to. Accordingly, the trial court did not err in denying Barrett's request to suppress the video.
AFFIRMED.
ROBERTS, BILBREY, and NORDBY, JJ., concur. Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
Jessica J. Yeary, Public Defender, and Danielle Jorden, Assistant Public Defender, Tallahassee, for Appellant.
James Uthmeier, Attorney General, and David Welch, Assistant Attorney General, Tallahassee, for Appellee.