Public-domain · open source
OpenJurist

340 So. 2d 945

Woulard v. State

District Court of Appeal of Florida

Decided November 26, 1976

District Court of Appeal of Florida · decided 1976-11-26

Cited by 10 later decisions — most recently December 1988

10 state decisions

Relies on Miranda v. State of Arizona Vignera · United States v. Hale · Bennett v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1976-11-26

View the full empirical analysis of this case →

SMITH, ROBERT P., Jr., Associate Judge.

¶1During examination of one of the arresting officers in the State’s case in chief, the prosecutor elicited the testimony that, after being suitably cautioned as required by Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966), appellant was asked by the officer,where he had obtained the envelope containing heroin which was taken from him by a search. The officer testified:

“He wouldn’t say.
“Q. Did he say anything at all?
“A. Not at that time, no sir.”

¶2The prosecutor’s examination constituted fundamental error prejudicing appellant’s Fifth Amendment rights. United States v. Hale, 422 U.S. 171, 95 S.Ct. 2133, 45 L.Ed.2d 99 (1975); Bennett v. State, 316 So.2d 41 (Fla.1975); Jones v. State, 200 So.2d 574 (Fla.3d DCA 1967).

¶3REVERSED AND REMANDED for a new trial.

CROSS, J., and COBB, WARREN, Associate Judge, concur.
/340/so2d/945 · .json · Public domain