JOE JONES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
JOE JONES, APPELLANT,
STATE OF FLORIDA, APPELLEE
321 So. 2d 574
Florida District Court of Appeal, Second District (1975)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
We hold, once again, that the failure of a probation officer to give a Miranda warning to a probationer prior to his admission of a violation of the terms of his probation does not render the admission inadmissible at the revocation proceeding. Clark v. State, Fla.App.2d, 1969, 222 So. 2d 766. See United States v. Johnson, 5th Cir. 1971, 455 F. 2d 932; People v. W., 1968, 31 A.D.2d 163, 295 N.Y.S.2d 767; State v. Jackson, 1972, 16 Ariz.App. 476, 494 P. 2d 376; but cf. Heath v. State, Fla.App. 4th, 1975, 310 So. 2d 38.
Affirmed.
McNULTY, C. J., and HOBSON and GRIMES, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Elmon Welch v. State, 321 So. 2d 452 (Fla. 2d DCA 1975)…[*453] PER CURIAM. Affirmed. See Jones v. State, Fla.App.2d, 321 So. 2d 574, opinion filed October 24, 1975. HOBSON, A. C. J., and BOARDMAN and SCHEB, JJ., concur.…
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Evans v. State, 356 So. 2d 1355 (Fla. 1st DCA 1978)…Fla. 2d DCA 1977). We do not believe the failure of a probation officer to advise probationer of his Miranda rights prior to his admission of a violation of his probation renders the admission inadmissible at the revocation hearing. Jones v. State, 321 So. 2d 574 (Fla. 2d [*1357] DCA 1975). Although State v. Heath, 343 So. 2d 13 (Fla.1977), holds that a probationer retains his privilege against self-incrimination in regard to specific conduct and circumstances concerning a separate criminal offense, we are u…
Authorities Cited
- United States v. Tollie Johnson, 455 F.2d 932 (5th Cir. 1972)
- Heath v. State, 310 So. 2d 38 (Fla. 4th DCA 1975)
- Clark v. State, 222 So. 2d 766 (Fla. 2d DCA 1969)