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State v. Monroe

Florida Court of Appeals, Second District

August 16, 2019

STATE OF FLORIDA, Appellant,
v.
QUESHON DIONDRE MONROE, Appellee.

         NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED

          Appeal from the Circuit Court for Hillsborough County; Kimberly K. Fernandez, Judge.

          Ashley Moody, Attorney General, Tallahassee, and Katie Salemi-Ashby, Assistant Attorney General, Tampa, for Appellant.

          Howard L. Dimmig, II, Public Defender, and Pamela H. Izakowitz, Assistant Public Defender, Bartow, for Appellee.

          KHOUZAM, CHIEF JUDGE.

         The 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[1] 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.

         The 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 that.
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 ...

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