STATE v. DELGADILLO

No. 83-2918.

458 So.2d 20 (1984)

The STATE of Florida, Appellant, v. Lizandro DELGADILLO, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied November 15, 1984.


Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., and Calvin L. Fox, Asst. Atty. Gen., for appellant.

Kogen & Kogen and Lauren Kogen, Halpern & Shenberg and Miguel A. DeGrandy, Miami, for appellee.

Before SCHWARTZ, C.J., and DANIEL S. PEARSON and FERGUSON, JJ.


SCHWARTZ, Chief Judge.

Delgadillo and an undercover police officer, Garcia, were apprehended in the course of a narcotics transaction in which they were both involved. Maintaining his cover, Garcia submitted to the "arrest." During the trip in the police car, and later the same day in jail, the defendant made highly incriminating admissions to and in the presence of the officer. The statements were suppressed by the trial judge "based on the Fifth and Sixth Amendments...

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