San Martin v. State

In San Martin v. State, 705 So. 2d 1337, 1346 (Fla. 1997), the Florida Supreme Court discussed this very issue. On direct examination by the prosecutor, a detective testified as to the substance of the defendant's statement to the police and the circumstances under which the statement was given. After waiving his rights, the defendant gave an oral statement recounting his involvement in the robbery and shooting, but refused to give a stenographically recorded statement. Defense counsel objected that this testimony constituted an improper comment on the defendant's constitutional right to remain silent. The trial court overruled the objection, finding that, under the circumstances, the defendant's refusal to give a formal recorded statement was not an exercise of his right to remain silent. The supreme court agreed.