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BENSON v. STATE

No. 96-1183.

698 So.2d 333 (1997)

Tony BENSON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

August 13, 1997.

Attorney(s) appearing for the Case

Clifford H. Barnes, Fort Pierce, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Patricia Ann Ash, Assistant Attorney General, West Palm Beach, for appellee.

PARIENTE, Judge.

The issue we address in this appeal is one of first impression in Florida: whether an exception to the Miranda1 rule may arise where a suspect is questioned by police in order to address a life-threatening medical emergency. The question in this case stemmed from the officer's objectively reasonable concern, based on his personal observations, over an immediate threat to defendant's health. Under these narrow circumstances...

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