continuous assertion privilege (Florida) · Go Syfert
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continuous assertion privilege in Florida

5 Florida opinions name it 1 courts 1976–1979 0 in the last five years

The cases below were cited by Florida courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (2)

CaseFollowedCited
Dowst v. Stategreen
fladistctapp · 1976 · cited in 4 Florida opinions naming this issue, 1977–1979
2 sentences

1979Just as we held in Dowst v. State, 336 So.2d 375 (Fla. 1st DCA 1976), that where the child requested to speak to his parents and was denied, any confession given by him was inadmissible because his request constituted a continuous assertion of his privilege against self-incrimination, we now hold that where a parent or legal guardian requests to be present and makes himself or herself reasonably accessible, it is error to proceed in questioning the juvenile.

1979Just as we held in Dowst v. State, 336 So.2d 375 (Fla. 1st DCA 1976), that where the child requested to speak to his parents and was denied, any confession given by him was inadmissible because his request constituted a continuous assertion of his privilege against self-incrimination, we now hold that where a parent or legal guardian requests to be present and makes himself or herself reasonably accessible, it is error to proceed in questioning the juvenile.

14
Arnold v. Stategreen
fladistctapp · 1972 · cited in 1 Florida opinions naming this issue, 1976–1976
1 sentence

1976See Arnold v. State, 265 So.2d 64 (Fla.App. 3rd, 1972); In re: A.J.A., 248 So.2d 690 (Fla.App. 3rd, 1971) and Roberts v. State, 285 So.2d 385 (Fla. 1973).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway.

Also cited on this issue (2)

CaseCitedYears
Roberts v. State green
fla · 1973
1 sentence

1976See Arnold v. State, 265 So.2d 64 (Fla.App. 3rd, 1972); In re: A.J.A., 248 So.2d 690 (Fla.App. 3rd, 1971) and Roberts v. State, 285 So.2d 385 (Fla. 1973).

11976–1976
In Re AJA green
fladistctapp · 1971
1 sentence

1976See Arnold v. State, 265 So.2d 64 (Fla.App. 3rd, 1972); In re: A.J.A., 248 So.2d 690 (Fla.App. 3rd, 1971) and Roberts v. State, 285 So.2d 385 (Fla. 1973).

11976–1976

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