STATE OF FLORIDA, APPELLANT/CROSS-APPELLEE,
v.
TO VAN NGUYEN, APPELLEE/CROSS-APPELLANT
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Florida appealed a trial court's suppression order that granted in part Nguyen's motion to suppress statements made after a traffic stop. The court reversed the suppression of Nguyen's spontaneous statement about carrying a gun for protection, but affirmed the denial of his motion to suppress his initial statement about the gun under the seat and the firearm itself under the public safety exception to Miranda.
The court held that Nguyen's statement about carrying the gun for protection was spontaneous and not the result of interrogation, making it admissible despite the lack of Miranda warnings. The court also held that the trial court properly denied suppression of the initial statement about the gun under the seat and the firearm itself under the public safety exception to Miranda, as the officer reasonably perceived a threat from the tire iron.
[1] A statement made by a defendant in response to a police officer's answer to the defendant's own question is not considered interrogation for Miranda purposes if the offic…
[2] A defendant's statement admitting to possession of a weapon, made in response to an officer's explanation for the defendant's detention, is admissible if the officer's ex…
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Join FLexlaw to unlock all legal intelligence“it was clear from the circumstances surrounding the incident that Nguyen's statement that he carried the gun for protection was spontaneous and not the result of any interrogation by the officer”
Establishes that the statement was admissible because it was spontaneous, not the product of Miranda violation
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligencePolice stopped Nguyen's van based on a dispatch report of a hit-and-run accident involving a van marked 'T. and T.C. Foods.' When the officer approach…
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CAMPBELL, Acting Chief Judge.
The State challenges the trial court order granting in part Nguyen’s motion to suppress statements made following a traffic stop. On cross-appeal, Nguyen challenges the denial in part of his motion to suppress statements and the denial of his motion to suppress evidence regarding the firearm seized from his vehicle. We conclude that the suppression of Nguyen’s initial statement following the stop was error and therefore reverse on the State’s appeal. We find no error, however, in the court’s denial of Nguyen’s motion to suppress statements and evidence and therefore affirm on Nguyen’s cross-appeal.
Nguyen was stopped as a result of a police dispatch reporting a “hit-and-run” traffic accident involving a van marked “T. and T.C. Foods.” As the officer approached the van which Nguyen had been driving, Nguyen opened the door holding a tire iron or crowbar. The officer then told Nguyen not to move, grabbed the tire iron out of Nguyen’s hand, and tossed it into the back of the van. The officer requested that Nguyen exit the van which the officer observed was damaged.
However, Nguyen denied that he had been in an accident. While further investigating the hit-and-run accident and as the officer and Nguyen walked toward the patrol car, the officer asked Nguyen if he had any weapons. Nguyen replied that he had a gun under the seat of the van. The officer handcuffed Nguyen and placed him in the patrol car. The officer went back to the van and retrieved the gun which was fully loaded and operable. He also determined that Nguyen had a prior felony conviction. Thereafter, the officer first attempted to read Nguyen his Miranda rights, but Nguyen never acknowledged that he understood them. Nguyen kept interrupting the officer and asking why he was going to jail or why he was in the patrol car. In response, the officer told him he was going to jail because he had a weapon in his vehicle. Nguyen then stated that he carried a gun for protection because he carried large amounts of cash.
We agree with the State’s argument on direct appeal that it was clear from the circumstances surrounding the incident that Nguyen’s statement that he carried the gun for protection was spontaneous and not the result of any interrogation by the officer. In response to Nguyen’s questions regarding why he was in the patrol car and why he was going to jail, the officer told him that he was going to jail because he had a weapon in his vehicle. Nguyen then stated that he carried the gun for protection due to his job. Although there is no dispute that Nguyen was in custody, it is clear that the officer’s answer to Nguyen’s question was not intended to elicit an incriminating response. See State v. Koltay, 659 So. 2d 1224 (Fla. 2d DCA 1995).
On cross-appeal, we conclude that the trial court was correct in denying Nguyen’s motion to suppress both his initial statement that he had a gun under the seat of the van and the weapon itself under the public safety exception to Miranda. While Nguyen was not free to leave at the time he was stopped by the officer, it is clear from a reading of the officer’s testimony that he was initially threatened by Nguyen’s possession of a tire iron. The officer stated that when Nguyen exited the van holding the tire iron, he did not know what Nguyen’s intentions were and he was concerned for his safety and the safety of other officers present. His question regarding whether Nguyen possessed any weapons and the ultimate seizure of the weapon were therefore proper. See Michigan v. Long, 463 U.S. 1032, 103 S.Ct. 3469, 77 L.Ed.2d 1201 (1983); State v. Dilyerd, 467 So. 2d 301 (Fla.1985); Joppy v. State, 719 So. 2d 316 (Fla. 1st DCA 1998)
Reversed on appeal and affirmed on cross-appeal and remanded.
FULMER and NORTHCUTT, JJ„ concur.
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State v. Maloney, 191 So. 3d 969 (Fla. 5th DCA 2016)…rspective of a reasonable person in the position of the officer at the time and without the benefit of hindsight. See State v. Alexander, 810 So. 2d 552, 558 (Fla. 5th DCA 2002) (quoting Quarles, 467 U.S. at 655-59, 104 S.Ct. 2626); State v. Nguyen, 779 So. 2d 279, 280-81 (Fla. 2d DCA 1998); see also People v. Attebury, 468 Mich. 662, 624 N.W. 2d 912, 913, 917-18 (2001) (“While the officers might have, in hindsight, mitigated the exigency by physically restraining defendant before he was allowed to dress, the…
Authorities Cited
- Michigan v. Long, 463 U.S. 1032 (U.S. 1983)
- State v. Dilyerd, 467 So. 2d 301 (Fla. 1985)
- State v. Koltay, 659 So. 2d 1224 (Fla. 2d DCA 1995)
- Joppy v. State, 719 So. 2d 316 (Fla. 1st DCA 1998)