MERCEDES-BENZ OF NORTH AMERICA, INC.

v.

METRIX WAREHOUSE, INC., ET AL.

Citator

Cited By (36 total)

• Owen v. State, 560 So. 2d 207 (Fla. 1990)
  …about talking to police and that he wished to speak with a lawyer before continuing. His comments are those of someone who does not want to face the truth, not someone who seeks legal counsel. Long v. State, 517 So. 2d 664 (Fla.1987), cert. denied, 486 U.S. 1017, 108 S.Ct. 1754, 100 L.Ed.2d 216 (1988), which the majority cites for authority, involved a statement: “I think I might need an attorney.” The United States Supreme Court has required an immediate cessation of interrogation upon any request by the d…

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• Henry v. State, 574 So. 2d 66 (Fla. 1991)
  ….” This statement cannot possibly be deemed a clear waiver of his rights. At the very least, a fair interpretation of this statement is that it is an equivocal assertion of his rights. In Long v. State, 517 So. 2d 664, 667 (Fla.1987), cert. denied, 486 U.S. 1017, 108 5.Ct. 1754, 100 L.Ed.2d 216 (1988), we said police must cease all custodial interrogation of a defendant who makes an equivocal request for his Miranda rights until police clarify the meaning of the equivocal request. See also Thompson v. State…

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• State v. Sawyer, 561 So. 2d 278 (Fla. 2d DCA 1990)
  …yer insisted he no longer wanted to talk and said he needed to sleep. The state admits that Sawyer made one equivocal request for an attorney which the police had an obligation to clarify under Long v. State, 517 So. 2d 664 (Fla.1987), cert. denied, 486 U.S. 1017, 108 S.Ct. 1754, 100 L.Ed.2d 216 (1988). Where there is an equivocal request for an attorney, the police must cease all questioning until the meaning of the request or statement is clarified and if the police fail in this requirement, all portions o…

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