Supreme Court of Florida
Cuervo v. State of Florida, SC06-1156
In the context of a suspect's right to remain silent under the Fifth Amendment and state constitution, the court reaffirms that if a suspect indicates in any manner that he or she does not want to be interrogated, interrogation must immediately stop. Also, once a suspect has invoked the right against self-incrimination, a potentially misleading elaboration of the right by police renders a resulting waiver invalid.
Appellate Information
- Decided 07/12/2007
- Published 07/12/2007
Judges
- PARIENTE, J.
Court
- Supreme Court of Florida
Counsel
- For Appellant:
- James S. Purdy, Public Defender, Thomas J. Lukashow and Leonard R. Ross, Assistant Public Defenders, Seventh Judicial Circuit, Daytona Beach, FL, for Petitioner.
- For Appellees:
- Bill McCollum, Attorney General, Tallahassee, FL, Kristen L. Davenport and Kellie A. Nielan, Assistant Attorneys General, Daytona Beach, FL, for Respondent.