ERNESTO PINEADA DIAS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 2005-01-19
No. 4D03-608
WARNER and SHAHOOD, JJ., concur.
890 So. 2d 1254 Florida District Court of Appeal, Fourth District (2005) Positive Treatment
Cited by 3 cases

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Synopsis

Ernesto Pineada Dias was convicted of trafficking in methamphetamine and appealed, challenging the admission of testimony regarding his non-verbal response (pointing) to a deputy's question about the location of drugs. The Fourth District Court of Appeal affirmed the conviction, holding that the defendant's own non-verbal response qualifies as an admission under Florida's hearsay exception statute.


Holding

The defendant's non-verbal response qualifies as the defendant's own statement under section 90.803(18)(a), Florida Statutes, rather than a statement by an authorized third party under subsection (c). The trial court properly admitted the deputy's testimony regarding the non-verbal response.


Headnotes

[1] A non-verbal response to a question posed by law enforcement, indicating the location of contraband, constitutes a party's own statement admissible as an exception to the…

[2] A party's own statement, offered against that party, is admissible as an exception to the hearsay rule, even if the statement is non-verbal.

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Key Quotes

“Section 90.803(18)(a) provides an exception to the hearsay rule when a statement is offered against a party and is "[t]he party's own statement in either an individual or a representative capacity."”

Establishes the applicable hearsay exception for the defendant's own non-verbal response

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Facts & Procedural History

On December 31, 2002, a deputy fluent in Spanish executed a search warrant at a mobile home where the defendant, who speaks only Spanish, was located.…

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Topics

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Opinion of the Court
MAY, J.

MAY, J.

The defendant appeals his conviction for trafficking in methamphetamine. He raises several issues. We affirm on all, but write to address his argument that the trial court erred in permitting a deputy to testify concerning the defendant’s non-verbal response to a question posed by the deputy during the execution of the search warrant. On December 31, 2002, the Sheriffs Office executed a search warrant at a mobile home. The defendant, who only speaks Spanish, was found in a common area of the mobile home. A deputy, fluent in Spanish, read the defendant Miranda1 warnings in Spanish. He then asked the defendant in Spanish where the drugs were.2 The defendant pointed to a bedroom where drugs had been found by another officer. At trial, the defendant objected to the deputy’s testimony concerning the defendant’s nonverbal response to the deputy’s question on the basis of hearsay. The State responded the defendant’s nonverbal response constituted an admission under section 90.803(18)(a), Florida Statutes (2002). The defendant now argues the hearsay statement does not qualify under subsection (c) because he did not authorize the deputy to speak for him. The question to be answered is which subsection of 90.803(18) applies in this circumstance.

Section 90.803(18)(a) provides an exception to the hearsay rule when a statement is offered against a party and is “[t]he party’s own statement in either an individual or a representative capacity.” See § 90.803(18)(a), Fla. Stat. (2002). Subsection (c) provides an exception when a statement is offered against a party and is “[a] statement by a person specifically authorized by him to make a statement concerning the subject....” See § 90.803(18)(c), Fla. Stat. (2002). It applies when a third person is speaking on behalf of another. See, e.g., Alarcon v. State, 814 So. 2d 1180 (Fla. 4th DCA 2002).

In this ease, it is the defendant’s own non-verbal response to the deputy’s question that is at issue. Thus, subsection (a) applies. The trial court properly overruled the defendant’s objection and admitted the deputy’s testimony.

AFFIRMED.

WARNER and SHAHOOD, JJ., concur. . Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966).

. The parties disputed the precise words used by the deputy when questioning the defendant on the location of the drugs. The deputy testified he asked the defendant: where are "your” drugs. The defendant claimed the deputy asked: where are "the” drugs. Both sides were permitted to argue their interpretation of the question. We see no error in the process employed by the trial court concerning this issue.


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Citator

Cited By

  • State v. Holland, 76 So. 3d 1032 (Fla. 4th DCA 2011)
    …on to the hearsay rule when a statement is offered against a party and is “[t]he party’s own statement in either an individual or a representative capacity.”). Therefore, under section 90.803(18)(a), the statements are admissible. See Dias v. State, 890 So. 2d 1254, 1255 (Fla. 4th DCA 2005); cf. United States v. Valdes, 214 Fed.Appx. 948, 950 (11th Cir.2007) (“Statements made by [the defendant] in tape-recorded conversations [with an informant], when presented by the Government, were not hearsay because they w…
  • Scott v. Fla. Dep't of Corr., 2025 WL 708612 (S.D. Fla. 2025)
    …ints to nothing in the record indicating that the jury was given a copy of the Information. The 4 Under Fla. Stat.§ 90.803(18)(a), a defendant's own statements are prohibited as hearsay when introduced by the defendant himself. See Dias v. State, 890 So. 2d 1254, 1255 (Fla. 4th DCA 2005). -8- ---PAGE 8--- Case No. 21-cv-22439-BLOOM jury was given only copies of the jury instructions and verdict form for its deliberations. Trial Tr. ECF No. [24-6] at 163, 201. Although the trial judge read the Information…

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