State v. Marshall, 695 So. 2d 686 (Fla. 1997). · Go Syfert
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State v. Marshall, 695 So. 2d 686 (Fla. 1997). Cases Citing This Book View Copy Cite
“once the accident investigation ends and the criminal investigation begins, the accident report privilege is not applicable.”
17 citation events (13 in the last 25 years) across 3 distinct courts.
Strongest positive: State, Department of Highway Safety & Motor Vehicles v. Bello (fladistctapp, 2002-04-10)
Top citers, strongest first. 7 distinct citers.
discussed Cited as authority (verbatim quote) State, Department of Highway Safety & Motor Vehicles v. Bello
Fla. Dist. Ct. App. · 2002 · signal: see · quote attribution · 1 verbatim quote · confidence high
once the accident investigation ends and the criminal investigation begins, the accident report privilege is not applicable.
discussed Cited as authority (rule) State v. Alvarez
Fla. Dist. Ct. App. · 2001 · confidence medium
In such a stop, “persons temporarily detained ... are not ‘in custody’ for purposes of Miranda.” Berkemer v. McCarty, 468 U.S. 420, 440 , 104 S.Ct. 3138 , 82 L.Ed.2d 317 (1984), see Pennsylvania v. Bruder, 488 U.S. 9, 11 , 109 S.Ct. 205 , 102 L.Ed.2d 172 (1988); State v. Marshall, 695 So.2d 719, 721 (Fla. 3d DCA 1996), opinion adopted, 695 So.2d 686, 687 (Fla.1997).
discussed Cited as authority (rule) State v. Whelan (2×)
Fla. Dist. Ct. App. · 1999 · confidence medium
In such a stop, “persons temporarily detained ... are not ‘in custody1 for purposes of Miranda.” Berkemer v. McCarty, 468 U.S. 420, 440 , 104 S.Ct. 3138 , 82 L.Ed.2d 317 (1984) 2 , see Pennsylvania v. Bruder, 488 U.S. 9, 11 , 109 S.Ct. 205 , 102 L.Ed.2d 172 (1988); State v. Marshall, 695 So.2d 719, 721 (Fla. 3d DCA 1996), opinion adopted, 695 So.2d 686, 687 (Fla.1997).
cited Cited "see" Smallridge v. State
Fla. Dist. Ct. App. · 2005 · signal: see · confidence high
See State v. Marshall, 695 So.2d 719 (Fla. 3d DCA 1996), approved, 695 So.2d 686 (Fla.1997).
discussed Cited "see" Alexander v. Penske Logistics, Inc.
Fla. Dist. Ct. App. · 2003 · signal: see · confidence high
See State v. Marshall, 695 So.2d 686 (Fla.1997). *421 The estate points out that in Hammond v. Jim Hinton Oil Co., Inc., 530 So.2d 995 (Fla. 1st DCA 1988), the First District held the accident report privilege applied to a traffic homicide report.
discussed Cited "see, e.g." Ward v. State
Fla. Dist. Ct. App. · 2006 · signal: see also · confidence low
See, e.g., § 912.32(3), Fla. Stat. (Supp.1998)(limiting "Department" to mean only the Department of Children and Family Services); see also State v. Marshall, 695 So.2d 719, 724 (Fla. 3d DCA 1996), aff'd, 695 So.2d 686 (Fla.1997)(noting that "if the 1991 legislature wanted to eliminate, or limit, [duties required by it], the legislature knew very well how to revise or amend [the statute]").
cited Cited "see, e.g." Vedner v. State
Fla. Dist. Ct. App. · 2003 · signal: see also · confidence low
Norstrom, 613 So.2d at 440-41 ; see also State v. Marshall, 695 So.2d 686 (Fla.1997).
STATE of Florida, Petitioner,
v.
Burt MARSHALL, Respondent.
88774.
Supreme Court of Florida.
Jun 5, 1997.
695 So. 2d 686
Per Curiam.
Cited by 10 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 81%
Citer courts: District Court of Appeal of Fl… (1)

Robert A. Butterworth, Attorney General and Fleur J. Lobree and Michael J. Neimand, Assistant Attorneys General, Miami, for Petitioner.

Laurie D. Hall, Tavernier, for Respondent.

PER CURIAM.

We review State v. Marshall, 695 So.2d 719 (Fla. 3d DCA 1996), in which the court certified direct conflict with State v. Riley, 617 So.2d 340 (Fla. 1st DCA 1993). We have jurisdiction pursuant to article V, sections 3(b)(4) of the Florida Constitution.

In construing section 316.066, Florida Statutes (Supp.1988), this Court has stated:

To clarify our decision, we emphasize that the privilege granted under section 316.066 is applicable if no Miranda warnings are given. Further, if a law enforcement officer gives any indication to a defendant that he or she must respond to questions concerning the investigation of an accident, there must be an express statement by the law enforcement official to the defendant that "this is now a criminal investigation," followed immediately by Miranda warnings, before any statement by the defendant may be admitted.

State v. Norstrom, 613 So.2d 437, 440-41 (Fla.1993). We cannot say that the 1991 amendments to that statute and section 316.062, Florida Statutes (Supp.1988), affect our holding in Norstrom. If the legislature had intended to eliminate the statutory requirement that drivers give accident reports to investigating officers, it would have said so in clearer language.

[*687] Accordingly, we approve the decision of the court below, adopt its opinion as our own, and disapprove State v. Riley.

It is so ordered.

KOGAN, C.J., and OVERTON, SHAW, GRIMES, HARDING, WELLS and ANSTEAD, JJ., concur.