B. M. v. State, 75--1899
| Decision Date | 28 September 1976 |
| Docket Number | No. 75--1899,75--1899 |
| Parties | B.M., a juvenile, Appellant, v. The STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Phillip A. Hubbart, Public Defender, and Paul Morris, Asst. Public Defender, for appellant.
Robert L. Shevin, Atty. Gen., and Brian H. Leslie, Asst. Atty. Gen., for appellee.
Before PEARSON, HENDRY and NATHAN, JJ.
The appellant, a fifteen year old juvenile, was charged in a petition for delinquency with robbery, use of a firearm during commission of a robbery, two counts of false imprisonment, use of a firearm during commission of false imprisonment and conspiracy to commit robbery. The juvenile was adjudicated delinquent on all counts except false imprisonment and use of a firearm during commission of false imprisonment.
The record reflects that the juvenile was arrested at approximately 10:30 at night, and was transported to the Public Safety Department Homicide Office where he remained throughout the night in the company of two detectives. At approximately 6:30 the next morning, the investigating officer returned to the Homicide Office from interviewing the victims at the hospital, and proceeded to transport the juvenile to Youth Hall. The investigating officer and the juvenile arrived at Youth Hall at approximately 7:00 A.M. At 7:15 A.M., the juvenile was read his rights and interrogated, at which time a formal statement was taken.
At trial, the court denied the juvenile's motion to suppress the statement he gave at Youth Hall after having spent the night at the Public Safety Department Homicide Office. The statement was admitted into evidence, and the juvenile was adjudicated delinquent.
As points on appeal, the juvenile contends that the court erred in denying the motion to suppress where the confession was the product of unreasonable delay in transporting the juvenile to Youth Hall in violation of Section 39.03(3)(a), Florida Statutes; where the State failed to prove the confession was voluntary and where the court failed to make a clear and unequivocal determination of voluntariness.
Section 39.03(3)(a), Florida Statutes, provides in pertinent part that when a child is taken into custody, he shall, without unreasonable delay, be delivered to the appropriate intake officer, or if the judge has so ordered, to a detention home or shelter. This is a legislative directive to the courts and other law enforcement agencies that juveniles shall be treated...
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B. M. V. v. State
...or required by the juvenile court's order making an explicit finding of the voluntariness of appellant's confession. See B. M. v. State, 337 So.2d 423 (Fla. 3d DCA 1976); and Husk v. State, 305 So.2d 19 (Fla. 1st DCA It is so ordered. ...
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W. J. N., In Interest of, 76-1513
...The confessions in A. J. A. and Roberts were therefore suppressed. Appellant also relies upon the more recent case of B. M. v. State, 337 So.2d 423 (Fla. 3d DCA 1976), which contains broad language to the effect that the current Section 39.03(3) is a legislative directive to the courts and ......
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B. M. v. State, 75--1899
...for appellee. Before HENDRY, C.J., and PEARSON and NATHAN, JJ. PER CURIAM. In our opinion in this case, reported as B.M. v. State, 337 So.2d 423 (Fla.3rd DCA 1976), we relinquished jurisdiction and remanded the cause to the trial judge to consider and then rule explicitly on the voluntarine......