warning waiver (Florida) · Go Syfert
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warning waiver in Florida

5 Florida opinions name it 2 courts 1988–2017 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 (1)

CaseFollowedCited
Herring v. Duggergreen
fla · 1988 · cited in 1 Florida opinions naming this issue, 2000–2000
1 sentence

2000Id. at 576 , 107 S.Ct. 851 ; see Herring v. Dugger, 528 So.2d 1176, 1178 (Fla.1988) (stating that “a warning and waiver of rights given following the arrest for a criminal offense is sufficient to cover any later statements to a law enforcement officer concerning other criminal offenses”).

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 (5)

CaseCitedYears
Colorado v. Spring green
scotus · 1987
2 sentences

2000Id. at 576 , 107 S.Ct. 851 ; see Herring v. Dugger, 528 So.2d 1176, 1178 (Fla.1988) (stating that “a warning and waiver of rights given following the arrest for a criminal offense is sufficient to cover any later statements to a law enforcement officer concerning other criminal offenses”).

2000Id. at 576 , 107 S.Ct. 851 ; see Herring v. Dugger, 528 So.2d 1176, 1178 (Fla.1988) (stating that “a warning and waiver of rights given following the arrest for a criminal offense is sufficient to cover any later statements to a law enforcement officer concerning other criminal offenses”).

21988–2000
Hernandez v. State green
fla · 2012
1 sentence

2017Id.

12017–2017
Missouri v. Seibert green
scotus · 2004
2 sentences

2010However, the United States Supreme Court has acknowledged that there are eases in which a defendant can argue “a self-incriminating statement was ‘compelled’ despite the fact that the law enforcement authorities adhered to the dictates of Miranda.” Missouri v. Seibert, 542 U.S. 600, 609 , 124 S.Ct. 2601 , 159 L.Ed.2d 643 (2004) (plurality opinion) (quoting Berkemer v. McCarty, 468 U.S. 420 , 433 n. 20, 104 S.Ct. 3138 , 82 L.Ed.2d 317 (1984)).

2010However, the United States Supreme Court has acknowledged that there are eases in which a defendant can argue “a self-incriminating statement was ‘compelled’ despite the fact that the law enforcement authorities adhered to the dictates of Miranda.” Missouri v. Seibert, 542 U.S. 600, 609 , 124 S.Ct. 2601 , 159 L.Ed.2d 643 (2004) (plurality opinion) (quoting Berkemer v. McCarty, 468 U.S. 420 , 433 n. 20, 104 S.Ct. 3138 , 82 L.Ed.2d 317 (1984)).

12010–2010
Berkemer v. McCarty green
scotus · 1984
2 sentences

2010However, the United States Supreme Court has acknowledged that there are eases in which a defendant can argue “a self-incriminating statement was ‘compelled’ despite the fact that the law enforcement authorities adhered to the dictates of Miranda.” Missouri v. Seibert, 542 U.S. 600, 609 , 124 S.Ct. 2601 , 159 L.Ed.2d 643 (2004) (plurality opinion) (quoting Berkemer v. McCarty, 468 U.S. 420 , 433 n. 20, 104 S.Ct. 3138 , 82 L.Ed.2d 317 (1984)).

2010However, the United States Supreme Court has acknowledged that there are eases in which a defendant can argue “a self-incriminating statement was ‘compelled’ despite the fact that the law enforcement authorities adhered to the dictates of Miranda.” Missouri v. Seibert, 542 U.S. 600, 609 , 124 S.Ct. 2601 , 159 L.Ed.2d 643 (2004) (plurality opinion) (quoting Berkemer v. McCarty, 468 U.S. 420 , 433 n. 20, 104 S.Ct. 3138 , 82 L.Ed.2d 317 (1984)).

12010–2010
State v. Rajaee green
fladistctapp · 1999
1 sentence

2000In Rajaee , the court emphasized that while "the rule does not require the judge to inquire as to whether the defendant is a citizen ...," by giving the warning required by the rule (which was done in Rajaee , ) the trial court taking a plea places the defendant "on notice that he should know, or if any doubt exists he should determine, his citizenship status before proceeding with the plea." Id. at 470 .

12000–2000

Where else courts name it

CA 20 (1958–2022) NJ 16 (1983–2026) PA 12 (1974–2020) LA 11 (1957–2017) OH 7 (1990–2016) TX 7 (1983–2020) NY 6 (2003–2026) OK 5 (1960–2021) FL 5 (1988–2017) IL 5 (1980–2023) MI 5 (1958–2016) MA 5 (1970–2024) AL 4 (1973–1995) OR 4 (1913–2021) AZ 4 (1985–2023) IN 4 (2000–2017) MD 4 (1975–2001) IA 3 (1968–2012) AR 3 (1987–2025) GA 3 (1978–1998) UT 3 (2006–2025) KS 3 (1990–2020) MN 2 (2015–2019) CO 2 (1994–2021) WI 2 (2004–2004) KY 2 (2013–2021) MO 2 (2006–2015) CT 2 (1992–2009)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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