In addressing the issue of the statute's constitutionality, we begin with the premise that a person's constitutional rights terminate at death. Appellee White objected strenuously to the autopsy but believed he had no recourse under the law and asked that the intrusion be kept to a minimum. The trial court denied the motion, concluding that the officers had properly notified Powell of his right to counsel. The trial court denied the motion. An autopsy is a surgical dissection of the body; it necessarily results in a massive intrusion into the decedent. The question before us is whether the warnings Powell received satisfied this requirement: cralaw The four warnings Miranda requires are invariable, but this Court has not dictated the words in which the essential information must be conveyed.
After spotting Powell coming from a bedroom, the officers searched the room and discovered a loaded nine-millimeter handgun under the bed. Thomas Techman, who is an appellant in this cause, performed an autopsy on James' body at Leesburg Community Hospital. The issue of the constitutionality of sections 406. He had no police report available and his only knowledge of the circumstances surrounding the death was based on the investigator's report by appellant Gauger. Specifically, the case establishes a firm line in cases where police conduct search and seizure without a. The order comes directly to us on the certification of the Fifth District Court of Appeal that it contains a question of great public importance which requires immediate resolution.
According to the court, the record contained no evidence of any Highway Patrol policy on the opening of closed containers found during inventory searches. Bertine, , requires police to mandate either that all containers be opened during such searches or that no containers be opened, leaving no room for discretion on the part of individual officers. Other cases in which we have applied the Long presumption have been similarly devoid of independent state-law analysis. As we have mentioned before, because this is a United States Supreme Court case, Minnesota has the ability to grant more rights to citizens within the borders Please remember that the interpretation and analysis presented here is not intended to be legal advice. The right to possess and control the body of a deceased loved one and to honor and celebrate the decedent's life and death through appropriate commemoration is a quintessential privacy right. Justia Annotations is a forum for attorneys to summarize, comment on, and analyze case law published on our site.
It noted that both Miranda and the State Constitution require that a suspect be clearly informed of the right to have a lawyer present during questioning. Powell was being charged with being a felon in possession of a firearm. See also Harrah Independent School District v. The business group was established in 2002 by a small group of local federal contractors and has grown to over 40 member companies. Its opinion contained a minor flaw, as countless opinions do. Different words were used in the advice Powell received, but they communicated the same message.
That we have overreached before is no reason to repeat the mistake again. First, as he did in his brief in opposition at the certiorari stage, Powell argues that the Florida Supreme Court's decision rested on an adequate and independent state constitutional ground. An affidavit in the record reveals that, before legislation authorized medical examiners in California to remove corneas without the consent of the next of kin, the majority of the families asked by the Los Angeles medical examiner's office responded positively; however, approximately eighty percent of the families could not be located in sufficient time for medical examiners to remove usable corneal tissue from the decedents. Jacquot has written several opinion pieces in the Jacksonville Times Union on constitutional concerns regarding Congress' powers. I agree with the Court that the judgment of the Supreme Court of Florida is to be affirmed. Eye bank personnel, not the medical examiner's office, determine the suitability of corneas for transplant.
Robinette, , 44 1996 Ginsburg, J. I, §9 is clearly not dependent upon federal law. We find that the right of the next of kin to a tort claim for interference with burial, established by this Court in Dunahoo, does not rise to the constitutional dimension of a fundamental right traditionally protected under either the United States or Florida Constitution. While this latter statement of the Supreme Court of Florida derived support from a sentence in the Bertine concurrence taken in isolation, we think it is at odds with the thrust of both the concurrence and the opinion of the Court in that case. The purposes of autopsies are to 1 determine cause of death, 2 identify health or safety hazards, 3 obtain evidence of criminal conduct, and 4 advance the understanding of medical science. This assumption makes it easier for the Court to conclude the warning conveyed a right to have a lawyer present.
The Florida Supreme Court affirmed, and the State petitioned for certiorari. Requiring standardized criteria or established routine as to such openings prevents individual police officers from having so much latitude that inventory searches are turned into a ruse for a general rummaging in order to discover incriminating evidence. Pursuing a different line of argument, Powell points out that most jurisdictions in Florida and across the Nation expressly advise suspects of the right to have counsel present both before and during interrogation. See post, at 3—7 dissenting opinion. A police officer may be allowed sufficient latitude to determine whether a particular container should or should not be opened in light of the nature of the search and characteristics of the container itself. Wade; and child-rearing and education, Pierce v.
Further, in his opinion, there had been an objection by the White family to the removal of the corneas prior to their removal. In this connection, I note also section 872. The standard warnings used by the Federal Bureau of Investigation are exemplary. In Long we advised every state court of a formula by which it could assure us that our review would indeed amount to nothing more than an advisory opinion. These duties and rights, predicated on religious, moral, and philosophical grounds, were recognized at common law and were not totally surrendered to the state when our constitutions were adopted. It is equally unlikely that the suspect would anticipate a scenario of this order: His lawyer would be admitted into the interrogation room each time the police ask him a question, then ushered out each time the suspect responds.