oral argument Flashcards
may it please the court
my name is Patrick Perez and I am representing the petitioner defendant John hardy
today we ask the court to reverse
the florida eleventh judicial circuit courts decision to deny the defendants motion to suppress
the appropriate standard of review
for a motion to suppress, as stated in pagan v state, is a mixed standard of review, the trial courts factual findings are reviewed for competent substantial evidence, but legal standards are reviewed in the de novo standard.
the circuit court
improperly denied the defendant’s motion to suppress statements because the state violated Hardy’s constitutional rights by interrogating him in custody without reading him his Miranda warnings.
in Miranda v Arizona
the Supreme Court required that any individual held for interrogation must be clearly informed of his or her rights, including the right to remain silent and that any statement he does make may be used as evidence against him
Oregon v mathiason states
these requirements arise when there have been such restriction on a persons freedom as to render him in custody
informing persons of there Miranda rights
is also required under article 1 section 9 of the florida constitution
as to determine whether an interrogation is custodial
ramirez v state explains that custody for purposes of miranda includes not only formal arrest but any restraint on freedom of movement of the degree associated with an actual arrest
Ramirez also states
the standard for custody is based on whether in the totality of circumstances a reasonable person would feel that his freedom of movement has been restricted to the degree associated with an actual arrest
in rameriez the florida Supreme Court
determined a four factor based test to determine whether a person would consider himself in custody
these factors are
the manner in the police summon the suspect for questioning
the place purpose and manner of the interrogation
the extent to which the suspect is presented evidence of his or her guilt
and whether the suspect was informed if she was free to leave
