WINTERS

v.

FLORIDA

Citator

Cited By (59 total)

• State v. McADAMS, 559 So. 2d 601 (Fla. 5th DCA 1990)
  …othing to foster an expectation of privacy and Calhoun is inapplicable. Concerning the cross-appeal, basic identification data required for booking is not generally subject to Miranda. Hines v. LaVallee, 521 F. 2d 1109 (2nd Cir.1975), cert. denied, 423 U.S. 1090, 96 S.Ct. 884, 47 L.Ed.2d 101 1976. We reject appellees’ claim that since Harper’s address was used in obtaining the search warrant the booking information was used in an investigative manner and therefore should be suppressed. While it is true that…
• Harper v. State, 532 So. 2d 1091 (Fla. 3d DCA 1988)
  …es, 759 F. 2d 633 (8th Cir.1985), cert. denied, 474 U.S. 837, 106 S.Ct. 113, 88 L.Ed.2d 92 (1985); United States v. Vanichromanee, 742 F. 2d 340 (7th Cir.1984); see United States ex rel. Hines v. LaVallee, 521 F. 2d 1109 (2d Cir.1975), cert. denied, 423 U.S. 1090, 96 S.Ct. 884, 47 L.Ed.2d 101 (1976); cf. Brown v. Texas, 443 U.S. 47, 99 S.Ct. 2637, 61 L.Ed.2d 357 (1979) (implying, by refusing to reach validity of statute making refusal to identify oneself a crime by ruling that stop was not based upon reasona…
• State v. Hoch, 500 So. 2d 597 (Fla. 3d DCA 1986)
  …uirement of a breathalyzer test is but one part of the booking procedure when a defendant is arrested for DUI. No right to counsel exists during booking procedures. United States ex rel. Hines v. LaVallee, 521 F. 2d 1109 (2d Cir.1975), cert. denied, 423 U.S. 1090, 96 S.Ct. 884, 47 L.Ed.2d 101 (1976). Other states have statutes similar to the Florida statute. Wisconsin has a statute [*604] which provides that if a person holding the defendant in custody denies the defendant his right to counsel, he will be f…