EDDIE GEORGE JONES, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Hewitt v. State, 920 So. 2d 802 (Fla. 5th DCA 2006)
  …ked a standard question for officer safety purposes. A reasonable person, not in possession of illicit drugs, would not have believed he or she would be arrested merely for driving without a valid driver’s license. Hewitt relies on Fowler v. State, 782 So. 2d 461 (Fla. 2d DCA 2001). In Fowler, a police officer stopped a car with a broken tail light. ■ While verifying the driver’s license and registration information, the officer learned from the dispatcher that police had received calls about the driver sell…
• England v. State, 46 So. 3d 127 (Fla. 2d DCA 2010)
  …9, 401 (Fla. 4th DCA 2006). Two of those factors support a finding that England was in custody in this case: he was not told he was free to leave, and he was confronted with evidence of a crime. See Shuttleworth, 927 So. 2d at 978; Fowler v. State, 782 So. 2d 461, 462 (Fla. 2d DCA 2001) (holding that appellant was subjected to custodial interrogation which required Miranda warnings where appellant was asked to get out of his car, told he was suspected of selling drugs, and asked whether he had anything on hi…
• State v. Mauro A. Martissa, 18 So. 3d 49 (Fla. 2d DCA 2009)
  …d the Defendant with the information that he had been seen in a known drug area and asked him if he was in possession of any illegal drugs.” The trial court found that Martis-sa was subjected to custodial interrogation, relying upon Fowler v. State, 782 So. 2d 461 (Fla. 2d DCA 2001). At issue is whether Martissa was in custody for purposes of Miranda when Officer Hilsdon asked if Martissa “had any illegal narcotics on him.” Of course, Miranda warnings are required before police conduct a custodial interrogat…

Authorities Cited

• Leichtman v. Singletary, 674 So. 2d 889 (Fla. 4th DCA 1996)