Eleventh Circuit Court of Appeals - Published Opinions

Monday, March 02, 2015

Everett: Request for DNA Sample is not "Interrogation"

In Everett v. Sec., Fla Dep’t of Corrections, No. 14-11857 (Feb. 27, 2015), the Court affirmed the denial of habeas relief to a Florida inmate sentenced to death for a 2001 murder. The Court rejected the argument that the police violated Everett’s Fifth Amendment right to silence when, after he requested a lawyer, the police request his consent to obtain DNA samples. The Court noted that the right to silence merely requires the police to cease “interrogation.” The Court held that the Florida Supreme Court reasonably concluded that the request for DNA consent did not amount to “interrogation,” noting that this request is not reasonably likely to elicit an incriminating verbal response.