STATE v. SHERROD

No. 4D03-3040.

893 So.2d 654 (2005)

STATE of Florida, Appellant, v. Robert SHERROD, Appellee.

District Court of Appeal of Florida, Fourth District.

February 16, 2005.


Attorney(s) appearing for the Case

Charles J. Crist, Jr., Attorney General, Tallahassee, and Monique E. L'Italien, Assistant Attorney General, West Palm Beach, for appellant.

Carey Haughwout, Public Defender, and James W. McIntire, Assistant Public Defender, West Palm Beach, for appellee.


KLEIN, J.

The trial court granted defendant's motion to suppress on the ground that defendant was in custody, but not given a Miranda1 warning before admitting, in response to a question from the officer, that he had drug paraphernalia in his pocket. We reverse.

Defendant was stopped for riding a bicycle at night without proper reflectors and, after being asked by the deputy whether...

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