CopyPublished | District Court of Appeal of Florida | 1992 Fla. App. LEXIS 4306, 1992 WL 76589
...lice investigating officers. Upon the denial of appellant’s motion to suppress, appellant pleaded no contest to the charges, reserving his right to appeal. We affirm. Appellant’s primary focus on appeal is that he is deaf and the requirements of section 901.245, Florida Statutes (1989) providing for interpreter services for deaf persons during interrogation were not met in his case. When questioned by the investigating officers, appellant was not afforded an interpreter, nor were the questions posed to him in writing or the answers similarly recorded in writing and preserved as is required. Section 901.245 provides as follows: In the event that a person who is deaf is arrested and taken into custody for an alleged violation of a criminal law of this state, the services of a qualified interpreter shall be sought prior to interrogating such deaf person....
...hall be in writing. The interrogation and the answers thereto shall be preserved and turned over to the court in the event such person is tried for the alleged offense. We find in this case that a failure by the investigating officers to comply with section 901.245 does not render appellant’s statements inadmissible. Section 901.245 is not part of the evidence code....
...The officers attempted to tape record appellant’s statements but refrained from doing so when appellant protested and otherwise indicated that the use of the tape recorder *1257 intimidated him. Appellant has failed to demonstrate below how the failure to comply with section 901.245 renders his statements inadmissible except that he contends that admission of statements taken in violation of that statute makes any resulting conviction reversible per se....
...his Miranda rights. We hold simply that when statements or admissions of a defendant are shown to be freely, intelligently and voluntarily given, with full knowledge of one’s applicable constitutional rights, a failure to comply with the terms of section 901.245 will not of itself render such statements or admissions inadmissible....
