ERIC CLINKSDALE, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Citator

Cited By

• State v. Whitley, 846 So. 2d 1163 (Fla. 5th DCA 2003)
  …n arrest requires that the arrestee “be given notice by word or circumstance that he is being detained ....”). Thus, when a “defendant was informed of his Miranda rights, handcuffed, and placed inside the patrol car, he was arrested.” Poey v. State, 562 So. 2d 449, 450 (Fla. 3d DCA 1990) (citation omitted); see also Kearse. However, because we have concluded that the requirements of section 316.1932(l)(a)l. were established based on Whitley's arrest for fleeing and attempting to elude, we do not need to deter…
• Cocke v. State, 889 So. 2d 132 (Fla. 4th DCA 2004)
  …ns for safety to support the handcuffing, no pat-down was conducted on defendant to determine if he' was armed, and there were no threatening circumstances to justify keeping him in handcuffs throughout the detention. Additionally, in Poey v. State, 562 So. 2d 449 (Fla. 3d DCA 1990), the court reversed the denial of defendant’s motion to suppress evidence because there was insufficient evidence of probable cause to arrest defendant. The court held that “[w]hen defendant was informed of his Miranda rights, han…
• State v. Socarras, 272 So. 3d 488 (Fla. 3d DCA 2019)
  …of the undercover officer effected by Socarras earlier in the evening. See Cocke v. State, 20 889 So. 2d 132, 135 (Fla. 4th DCA 2004) (use of handcuffs and detention in patrol car for 25 minutes constitutes a de facto arrest); Poey v. State, 562 So. 2d 449, 450 (Fla. 3d DCA 1990) (“When defendant was informed of his Miranda rights, handcuffed, and placed inside the patrol car, he was arrested.”). Under these circumstances, it is unfathomable that a reasonable person, particularly an experienced l…

Authorities Cited

• Sueiro v. State, 471 So. 2d 1317 (Fla. 3d DCA 1985)
• State v. Sueiro, 487 So. 2d 1071 (Fla. 1986)