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TUCKER v. STATE

No. 92-2418.

622 So.2d 1362 (1993)

Daniel F. TUCKER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

August 25, 1993.

Attorney(s) appearing for the Case

Michael B. Davis, Davis, Isaacs & Yeargin, P.A., West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, Joan Fowler and Michelle A. Smith, Asst. Attys. Gen., West Palm Beach, for appellee.

ANSTEAD, Judge.

At issue is whether Tucker was in custody and entitled to be advised of his constitutional rights when he made incriminating admissions upon being questioned by the police. See Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966). The trial court found that he was not in custody. However, in our view, the law and the facts do not support this conclusion.

Tucker was driving late at night...

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