Riley v. State

• Decision Date: 25 January 2013
• Docket Number: No. 5D11–3253.,5D11–3253.
• Citation: 114 So.3d 250
• Parties: Lamont RILEY, Appellant, v. STATE Of Florida, Appellee.
• Court: Florida District Court of Appeals

114 So.3d 250

Lamont RILEY, Appellant,

v.STATE Of Florida, Appellee.

No. 5D11–3253.

District Court of Appeal of Florida,

Fifth District.

Jan. 25, 2013.

Wayne Fetzer Henderson, St. Augustine, for Appellant.

Pamela Jo Bondi, Attorney General, Tallahassee, and Rebecca Roark Wall, Assistant Attorney General, Daytona Beach, for Appellee.

COHEN, J.

Lamont Riley was convicted of first-degree murder for the death of Cecil Mills. Mills was shot after he went to his daughter's home, interrupting Riley and his codefendants as they burglarized it. On appeal, Riley argues the trial court erred in failing to suppress the recording of a conversation he had with his girlfriend in an interview room at the police station. We disagree and affirm.

Following the murder, Riley was developed as a suspect and brought to the police station for questioning. After denying involvement in Mills' death, Riley was released from custody. Law enforcement soon discovered additional evidence inculpating Riley, and he was arrested and once again transported to the police station. Prior to being interviewed, Riley requested that the detective let his girlfriend, Takita Thomas, know what was happening. During the ensuing interview with law enforcement, Riley admitted to being present when the burglary and murder occurred, and stated that his shooting of Mills was accidental.¹

As the interview was concluding, the detective asked Riley if he wanted his girlfriend to come to the station. Riley responded affirmatively, and the detective called Thomas, allowing her to come to the station with food and cigarettes for Riley. Upon her arrival, Thomas was permitted to take those items to Riley in the interview room wherein the two remained alone. The room was monitored and their conversation recorded. During the conversation, Riley leaned in close to Thomas and whispered. Contrary to the story he told law enforcement, Riley admitted to Thomas that he intentionally shot Mills. Thomas had not been told what to say or ask Riley by law enforcement, and she was unaware that the conversation was being monitored. Riley likewise testified he was unaware that the conversation was being recorded, although the trial court found his actions of leaning forward and whispering to Thomas belied this claim.

Initially, Riley moved to suppress the statement made to law enforcement. The trial court granted the motion based on law enforcement's failure to honor Riley's repeated requests for counsel.² Riley then moved to suppress the admission made during his conversation with Thomas, arguing a violation of his constitutional rights under Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966), and a violation of his reasonable expectation of privacy. That motion was denied and Riley was ultimately convicted by a jury.

Riley's Miranda argument presupposes the functional equivalent of interrogation. See Arizona v. Mauro, 481 U.S. 520, 107 S.Ct. 1931, 95 L.Ed.2d 458 (1987); Lowe v. State, 650 So.2d 969 (Fla.1994). In Arizona v. Mauro, the United States Supreme Court addressed a similar situation after Mauro invoked his right to remain silent following the death of his child. Mauro's wife—also a suspect in the child's death and in custody—was being questioned in another room of the police station and demanded to speak with her husband. She was allowed to do so in the presence of a police officer. Mauro's statements during that conversation were utilized at trial to refute his claim of insanity. Relying on Rhode Island v. Innis, 446 U.S. 291, 100 S.Ct. 1682, 64 L.Ed.2d 297 (1980), the Arizona Supreme Court held that allowing Mauro to speak with his wife in the presence of a police officer constituted an interrogation within the meaning of Miranda. Reversing the Arizona Supreme Court, the Supreme Court held the purpose underlying Miranda—to prevent government officials from using the coercive nature of confinement to extract confessions—was not implicated under those circumstances. 481 U.S. at 530, 107 S.Ct. 1931. Accordingly, the Court concluded Mauro was not subjected to interrogation or its functional equivalent within the meaning of Miranda.Id.

In Lowe v. State, officers investigating a homicide proceeded to a police station where Lowe and his girlfriend had gone to discuss an unrelated matter. The two were separated, although the girlfriend could hear the substance of the questions directed at Lowe. Lowe denied involvement and then invoked his right to...