BRADSHAW

v.

UNITED STATES

Citator

Cited By (38 total)

• State v. Alioto, 588 So. 2d 17 (Fla. 5th DCA 1991)
  …e to leave.4 United States v. Long, 866 F. 2d 402 (11th Cir.1989); Caso v. State, 524 So. 2d 422 (Fla.), cert. denied, 488 U.S. 870, 109 S.Ct. 178, 102 L.Ed.2d 147 (1988). See also United States v. Bengivenga, 845 F. 2d 593 (5th Cir.), cert. denied, 488 U.S. 924, 109 S.Ct. 306, 102 L.Ed.2d 325 (1988). In Caso, the Florida Supreme Court reiterated the position of the United States Supreme Court that Miranda warnings are only required when a person is in custody, engaged in an “inherently coercive custodial…
• Gonzalez v. State, 624 So. 2d 300 (Fla. 4th DCA 1993)
  …Fifth Circuit has subsequently rejected the four factor test as “no longer compatible with Supreme Court precedent,” and replaced it with the reasonable person test. United States v. Bengivenga, 845 F. 2d 593, 596 (5th Cir.) (en banc), cert. denied, 488 U.S. 924, 109 S.Ct. 306, 102 L.Ed.2d 325 (1988). The Florida Supreme Court has expressly [*302] adopted the reasonable person test. See Caso v. State, 524 So. 2d 422, 423-24 (Fla.), cert. denied, 488 U.S. 870, 109 S.Ct. 178, 102 L.Ed.2d 147 (1988).1 Utilizi…
• State v. Luckay, 697 So. 2d 221 (Fla. 5th DCA 1997)
  …uilty of criminal conduct and thus overly apprehensive nor insensitive to the seriousness of the circumstances.” State v. Alioto, 588 So. 2d 17, 18 (Fla. 5th DCA 1991)(quoting United States v. Bengivenga, 845 F. 2d 593, 596 (5th Cir.), cert. denied, 488 U.S. 924, 109 S.Ct. 306, 102 L.Ed.2d 325 (1988).). In deciding whether an encounter has become a seizure, the court may consider whether a law enforcement officer questioned the defendant about her criminal conduct. However, such questioning is just one of…