SNEED

v.

BROOKS, INDIVIDUALLY AND AS ADMINISTRATRIX OF THE ESTATE OF BROOKS, DECEASED

Citator

Cited By

• Benson v. State, 698 So. 2d 333 (Fla. 4th DCA 1997)
  …of an officer should be given less deference than the safety of the general public, particularly when the threat to an officer is often of a more immediate nature.” Id. at 240. In United States v. Mobley, 40 F. 3d 688 (4th Cir.1994), cert. denied, 514 U.S. 1129, 115 S.Ct. 2005, 131 L.Ed.2d 1005 (1995), the fourth circuit, in considering Quarles, refused to permit the admission of the defendant’s statements, solicited in violation of Miranda^ where the government could not show that the police had an “immed…

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• Lemour v. State, 802 So. 2d 402 (Fla. 3d DCA 2001)
  …” Id. at 118. See Shreck, 22 P. 3d at 81; and cited trial court cases; State v. Russell, 125 Wash.2d 24, 882 P. 2d 747, 768 (1994)(kit not subject to Frye as it is simply one tool for carrying out generally accepted PCR methodology), cert. denied, 514 U.S. 1129, 115 S.Ct. 2004, 131 L.Ed.2d 1005 (1995); Trala, 162 F. Supp. 2d at 346 (“kits do not represent separate part of the typing process, but rather, simply contain materials for beginning of the PCR process”). See also State v. Gore, 143 Wash.2d 288,…
• Smith v. State, 46 So. 3d 608 (Fla. 1st DCA 2010)
  …rt also found that “[a] necessary ingredient in this medical emergency exception is that there must be an ‘objectively reasonable concern for immediate danger.’” Id. at 337 (quoting United States v. Mobley, 40 F. 3d 688 (4th Cir.1994), cert. denied, 514 U.S. 1129, 115 S.Ct. 2005, 131 L.Ed.2d 1005 (1995)). In holding that Benson’s pre-Miranda statements were properly admitted, the court specifically found that the facts in that case satisfied the three-part test for application of the rescue doctrine, and th…