Walker v. State
The Fourth District affirmed Walker's second-degree murder and grand theft auto convictions, rejecting his claim that he unequivocally invoked his right to silence and finding his suppression arguments on appeal differed from those raised below. In a significant special concurrence, Judge Warner examined how the arresting deputy, cross-designated as a U.S. Marshals task force officer, refused to testify about his use of real-time cell-site location data (CSLI) to locate Walker, citing DOJ Touhy regulations, and the trial court declined to compel that testimony.
Key facts
- Walker was arrested and charged with second-degree murder and grand theft auto; an arresting deputy who was cross-designated as a U.S. Marshals task force officer used real-time cell-site location data (CSLI) to locate Walker.
- At trial, the deputy refused to testify about his use of CSLI or whether a warrant was obtained, citing DOJ Touhy regulations; the trial court declined to compel that testimony.
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Why it matters
This opinion flags a recurring and largely unaddressed problem in Florida practice: law enforcement officers cross-designated to federal task forces invoking DOJ Touhy regulations to refuse testimony about warrantless… — full analysis with a trial
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