FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF
from the Circuit Court for Hillsborough County; Kimberly K.
Moody, Attorney General, Tallahassee, and Katie Salemi-Ashby,
Assistant Attorney General, Tampa, for Appellant.
L. Dimmig, II, Public Defender, and Pamela H. Izakowitz,
Assistant Public Defender, Bartow, for Appellee.
KHOUZAM, CHIEF JUDGE.
State appeals the order granting Queshon Diondre Monroe's
motion to suppress statements he made to law enforcement
during the investigation of the shooting death of Juan Carlo
Arenas. The court concluded that Monroe's waiver of his
Miranda rights was not knowing and voluntary
because he asked a clear question and the interviewing
detective did not answer it in good faith. But because the
trial court's conclusion is not supported by the
evidence, we reverse.
court determined that Monroe's waiver of his
Miranda rights was not knowing and voluntary based
on the following exchange, in which Monroe asked a question
and Detective Blair responded:
Detective Blair: Okay. Um, do you understand
where you're at?
Queshon Monroe: Yes.
Detective Blair: Okay. Do you feel like
it's impairing you at any point-in any way, right now?
Queshon Monroe: No.
Detective Blair: Meaning you're not
understanding what I'm asking you or talking to you, like
Queshon Monroe: No, I understand everything.
Detective Blair: Okay. All right. That's
what I wanted to make sure. I'm gonna read this to you,
okay? And you can read along with me, all right? And it's
a consent to be interviewed, all right? And it's
"I," and it would be your name, "do hereby
consent to be interviewed by the below listed Hillsborough
County Sheriff's Office law enforcement official
concerning the above listed incident/offense." ["]I
further understand that I have the right to remain silent and
can invoke this right at any time during questioning.["]
Do you understand that?
Queshon Monroe: Yes, sir.
Detective Blair: Okay. "If I do make a
statement, it can and will be used against me in a court of
law." Do you ...