STANLEY v. WAINWRIGHT

Nos. 79-1502, 79-1516. Summary Calendar.

604 F.2d 379 (1979)

Jody STANLEY, Jr., Petitioner-Appellant, v. Louie L. WAINWRIGHT, etc., Respondent-Appellee. Eddie L. BROWN, Petitioner-Appellant, v. Louie L. WAINWRIGHT, etc., Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

October 11, 1979.


Attorney(s) appearing for the Case

James K. Green, Asst. Public Defender, 15th Judicial Circuit of Fla., West Palm Beach, Fla., for petitioner-appellant in No. 79-1502.

Richard L. Jorandby, Public Defender, James K. Green, Asst. Public Defender, 15th Judicial Circuit of Fla., West Palm Beach, Fla., for petitioner-appellant in No. 79-1516.

Jim Smith, Atty. Gen., Tallahassee, Fla., Robert L. Bogen, Asst. Atty. Gen., West Palm Beach, Fla., for respondent-appellee in Nos. 79-1516, 79-1502.

Before COLEMAN, FAY and RUBIN, Circuit Judges.


PER CURIAM:

Appellants were arrested for robbery and placed in the back seat of a police car. They were not given warnings required by Miranda v. Arizona, 1966, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694. The police clandestinely activated a tape recorder in the front seat, and it recorded an incriminatory conversation conducted between the appellants when the police were not present. The appellants' motion to suppress the conversation...

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