STATE v. DOUSE

No. 83-788.

448 So.2d 1184 (1984)

STATE of Florida, Appellant, v. David Wayne DOUSE, William Lewin Hamilton, Dennis Kenyon Macko and Michael Lewis, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied May 16, 1984.


Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Tallahassee, and Grace M. Gonzalez, Asst. Atty. Gen., West Palm Beach, for appellant.

Richard Ozeli, Fort Lauderdale, for appellee-Douse.

Steven Greenberg, Miami, for appellee-Hamilton.

Mark Perry, Fort Lauderdale, for appellee-Macko.

Sheldon Schwartz, Miami, for appellee-Lewis.


HURLEY, Judge.

The State appeals from an order of the trial court suppressing taped telephone conversations between David Wayne Douse and a police detective. We affirm because the statements were deliberately elicited from the defendant by surreptitious means after his right to counsel attached under Florida law.

Two days after the defendant was arrested, but before the filing of an information against him, a police officer posing as a friend of a codefendant...

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