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698 So. 2d 1204

698 So.2d 1204

22 Fla.L.WeeklySupp. 563

State v. Kipp

Supreme Court of Florida

Decided June 26, 1997

Supreme Court of Florida · decided 1997-06-26

Relies on Miranda v. State of Arizona Vignera · State v. Owen · Frankel v. Thibault

Decided 1997-06-26

PER CURIAM.

¶1We review Kipp v. State, 668 So.2d 214 (Fla. 2d DCA 1996), which expressly and directly conflicts with the decision in State v. Owen, 696 So.2d 715 (Fla.1997). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const.

¶2In Owen, we held that police in Florida need not ask clarifying questions if a defendant who has received proper Miranda1 warnings makes only an equivocal or ambiguous request to terminate an interrogation after having validly waived his or her Miranda rights. The court below held that even an equivocal request to terminate interrogation required the police to either seek clarification or cease the interrogation. Accordingly, we quash the decision in Kipp. However, because there has been no determination of whether Kipp’s invocation of his right to remain silent was equivocal or un*1205equivocal, see Kipp, 668 So.2d at 216 n. 2, we remand the case for further proceedings.

¶3It is so ordered.

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

¶4. Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966).

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