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949 So. 2d 219

State v. Johnson

District Court of Appeal of Florida

Decided December 13, 2006

District Court of Appeal of Florida · decided 2006-12-13

Cited by 13 later decisions — most recently February 2016

1 federal appellate · 4 state decisions

Relies on Massiah v. United States · United States v. Henry · 458 So. 2d 20 - State v. Delgadillo

Good law ✅— No negative treatment on recordhow we know

Decided 2006-12-13

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PER CURIAM.

¶1The State appeals from an order which suppressed the appellee’s statement after he had invoked his Sixth Amendment right to counsel. Because, however, it is uncon-troverted that the appellee’s statement was spontaneous, and not “deliberately elicited” by the police, we reverse the trial court’s suppression of same. See State v. Delgadillo, 458 So.2d 20, 22 n. 2 (Fla. 3d DCA 1984), citing U.S. v. Henry, 447 U.S. 264, 100 S.Ct. 2183, 65 L.Ed.2d 115 (1980) and Massiah v. United States, 377 U.S. 201, 84 S.Ct. 1199, 12 L.Ed.2d 246 (1964).

¶2Reversed and remanded for further proceedings.

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