STATE OF FLORIDA, PETITIONER,
v.
BURT MARSHALL, RESPONDENT
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The court held that the 1991 amendments to sections 316.066 and 316.062, Florida Statutes, did not eliminate the statutory requirement for drivers to give accident reports to investigating officers.
The court reviewed a decision concerning the interpretation of Florida Statutes regarding accident reports and the privilege granted under section 316…
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PER CURIAM.
We review State v. Marshall, 695 So. 2d 719 (Fla. 3d DCA 1996), in which the court certified direct conflict with State v. Riley, 617 So. 2d 340 (Fla. 1st DCA 1993). We have jurisdiction pursuant to article V, sections 3(b)(4) of the Florida Constitution.
In construing section 316.066, Florida Statutes (Supp.1988), this Court has stated:
To clarify our decision, we emphasize that the privilege granted under section 316.066 is applicable if no Miranda warnings are given. Further, if a law enforcement officer gives any indication to a defendant that he or she must respond to questions concerning the investigation of an accident, there must be an express statement by the law enforcement official to the defendant that “this is now a criminal investigation,” followed immediately by Miranda warnings, before any statement by the defendant may be admitted.
State v. Norstrom, 613 So. 2d 437, 440-41 (Fla.1993). We cannot say that the 1991 amendments to that statute and section 316.062, Florida Statutes (Supp.1988), affect our holding in Norstrom. If the legislature had intended to eliminate the statutory requirement that drivers give accident reports to investigating officers, it would have said so in clearer language. Accordingly, we approve the decision of the court below, adopt its opinion as our own, and disapprove State v. Riley.
It is so ordered.
KOGAN, C.J., and OVERTON, SHAW, GRIMES, HARDING, WELLS and ANSTEAD, JJ., concur.
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Ward v. State, 936 So. 2d 1143 (Fla. 3d DCA 2006)…ow to, and could have economically done so. See, e.g., § 912.32(3), Fla. Stat. (Supp.l998)(limiting “Department” to mean only the Department of Children and Family Services); see also State v. Marshall, 695 So. 2d 719, 724 (Fla. 3d DCA 1996), aff'd, 695 So. 2d 686 (Fla.1997)(not-ing that “if the 1991 legislature wanted to eliminate, or limit, [duties required by it], the legislature knew very well how to revise or amend [the statute]”). Thirdly, in determining the effectiveness of the 1999 Ryce Act, the Flor…
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State v. Whelan, 728 So. 2d 807 (Fla. 3d DCA 1999)…Miranda.” Berkemer v. McCarty, 468 U.S. 420, 440, 104 S.Ct. 3138, 82 L.Ed.2d 317 (1984)2, see Pennsylvania v. Bruder, 488 U.S. 9, 11, 109 S.Ct. 205, 102 L.Ed.2d 172 (1988); State v. Marshall, 695 So. 2d 719, 721 (Fla. 3d DCA 1996), opinion adopted, 695 So. 2d 686, 687 (Fla.1997). Miranda warnings need not be administered, and statements made in response to the police officer’s questions at roadside are admissible. See Berkemer, 468 U.S. 420 at 442, 104 S.Ct. 3138, 82 L.Ed.2d 317. Thus, so long as the motori…1 / 2
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Previewing 3 of 12 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Norstrom, 613 So. 2d 437 (Fla. 1993)
- State v. Burt Marshall, 695 So. 2d 719 (Fla. 3d DCA 1996)
- State v. Riley, 617 So. 2d 340 (Fla. 1st DCA 1993)