W. B. AND G. B. F., JUVENILES, APPELLANTS,
v.
THE STATE OF FLORIDA, APPELLEE
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Two juveniles were jointly charged with theft of school receipts. The appellate court reversed the adjudication against W.B. due to insufficient evidence (admission of a codefendant's unconfrontable confession), but affirmed the adjudication against G.B.F., holding that Miranda warnings do not apply to questioning by school officials acting in their official capacity rather than as police agents.
Miranda warnings do not apply to questioning by school officials acting in their official investigative capacity rather than as police agents. However, admission of a codefendant's confession implicating another defendant without opportunity for cross-examination violates the defendant's sixth amendment right to confrontation and is insufficient to support conviction.
[1] A co-defendant's confession that implicates another defendant is inadmissible if the co-defendant does not testify and is not subject to cross-examination.
[2] Miranda warnings are required only when a suspect is interrogated by law enforcement officers.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“the admission of a codefendant's confession which implicates the defendant in a form not subject to cross-examination deprives the defendant of his right to confront and cross-examine the witness against him”
Establishes the Bruton rule that W.B. could not be convicted based solely on G.B.F.'s unconfrontable confession
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Join FLexlaw to unlock all legal intelligenceA school concession operator discovered missing day receipts. School authorities suspected two juveniles, G.B.F. and W.B., who were observed in the sc…
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PEARSON, Judge.
Each of these juvenile respondents appeals from an adjudication of delinquency entered at the conclusion of a joint hearing. The petitions for delinquency grew out of the same incident.
An individual operating a concession on school grounds discovered that the day’s receipts were missing from her purse. School authorities had reason to suspect the two respondents, G. B. F. and W. B., because they had been observed in the school building at approximately 7:10 p. m. when they had no known reason to be there. An assistant principal interviewed G. B. F., who admitted that he and W. B. had taken the money and, in fact, money 'was recovered from both G. B. F. and W. B., as well as from a third party.
At the hearing, the only evidence presented to connect W. B. to the crime was the testimony of the assistant principal concerning the oral confession of G. B. F. When the State rested its case, W. B. moved for a judgment of acquittal on the ground of insufficiency of the evidence. Also, during the progress of the hearing, G. B. F. objected to the admissibility of his oral confession on the ground that the assistant principal “. . . occupies the same status as School Security.”
On this appeal, G. B. F. urges (1) that the trial court erred in ruling that the requirements of Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966), do not apply to an assistant principal of a school and (2) that the admission of the oral confession without Miranda warnings violated the juvenile’s constitutional rights under the Sixth and Fourteenth Amendments to the United States Constitution and Article I, Sections 9 and 16, of the Florida Constitution.
Respondent W. B.
We agree that the evidence against W. B. was insufficient to support the adjudication of delinquency. As announced by the Supreme Court of the United States in Bruton v. U. S., 391 U.S. 123, 88 S.Ct. 1620, 20 L.Ed.2d 476 (1968), the admission of a codefendant’s confession which implicates the defendant in a form not subject to cross-examination deprives the defendant of his right to confront and cross-examine the witness against him. This same rule has been applied in Florida case law. See State v. Hamilton, 240 So. 2d 509 (Fla. 3d DCA 1970).
Respondent G. B. F. We cannot agree with G. B. F.’s contention that he was entitled to Miranda warnings. The decision of the United States Supreme Court in Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966), clearly limits the requirements therein to questioning by law enforcement officers. It is forcibly argued that a school official may be an agent of the police and, thereby, become liable to the same restrictions in the questioning of suspects as the police themselves. However, there is nothing in this record to support even a suspicion that the assistant principal who took the statement of G. B. F. was acting in the place of the police or as a police agent. It was simply the job of the assistant principal to investigate complaints originating out of the activities of students on school grounds. As such, he was a school official and not a police official. Therefore, the necessity for Miranda warnings did not exist. We have been cited to no case holding otherwise and the State has cited two cases supporting this position. See Doe v. State, 88 N.M. 347, 540 P. 2d 827 (N.Mex.App.1975), and People v. Shipp, 96 Ill.App.2d 364, 239 N.E. 2d 296 (Ill.App.1968).
Therefore, the adjudication of delinquency against the juvenile W. B. is reversed and the adjudication of delinquency against the juvenile G. B. F. is affirmed.
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In the Interest of J.C., 591 So. 2d 315 (Fla. 4th DCA 1991)…hout saying that questioning by law enforcement officers after a person has been taken into custody or otherwise deprived of freedom of action, requires a reading of Miranda rights. However, interrogation by school officials does not. W.B. v. State, 356 So. 2d 884 (Fla. 3d DCA 1978). As stated in W.B.: “It was simply the job of the assistant principal to investigate complaints originating out of activities of students on school grounds. As such, he was a school official not a police official. Therefore, the n…
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J.A.R. v. State, 689 So. 2d 1242 (Fla. 2d DCA 1997)…firearm by a minor. J.A.R. argues that because he was “in custody” of a law enforcement officer during the questioning outside the classroom, he was entitled to Miranda1 warnings.* See In re J.C., 591 So. 2d 315 (Fla. 4th DCA 1991); W.B. v. State, 356 So. 2d 884 (Fla. 3d DCA 1978). He maintains that because he was not advised of his right to remain silent, his statement during the questioning could not provide probable cause to search him for the weapon. We do not reach the merits of this issue, because, as…
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State v. V.C. and R.S., 600 So. 2d 1280 (Fla. 3d DCA 1992)…al to accede to the assistant principal’s requests. Furthermore, substantial competent record evidence supports the trial court’s determination that the assistant principal acted, in the case before us, as an agent for the police. In W.B. v. State, 356 So. 2d 884 (Fla. 3d DCA 1978), this court concluded that an assistant principal who merely questioned a student regarding a theft was carrying out the investigative duties associated with his position and not acting as a police agent. Here, however, Mr. Hind-m…1 / 2
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Miranda v. Arizona, 384 U.S. 436 (U.S. 1966)
- Bruton v. United States, 391 U.S. 123 (U.S. 1968)
- State v. Odes Neal Hamilton and Raymond Augusta Black, 240 So. 2d 509 (Fla. 3d DCA 1970)