McDOUGLE v. STATE

No. 4D00-3505.

828 So.2d 454 (2002)

Dwayne McDOUGLE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

October 16, 2002.


Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and Marcy K. Allen, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Richard Valuntas, Assistant Attorney General, West Palm Beach, for appellee.


MAY, J.

The question asked in this appeal is what constitutes "custody" for purposes of custodial interrogation. The defendant appeals his conviction and sentence for petty theft and battery upon a person 65 years of age or older. He raises the single issue of whether the trial court erred when it denied his motion to suppress. We agree that the court erred in denying the motion and reverse.

The defendant was a passenger in a car stopped for suspicion of drugs...

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