Eric Christopher Caldwell, Petitioner v. State of Florida, Respo — Pariente, J., Concurring in Part and Dissenting…

Summary

Judge Pariente joins the majority in rejecting a per se rule that Miranda warnings automatically turn a consensual encounter into an investigatory stop, but he dissents from the majority’s conclusion that no investigatory stop occurred. He holds that, under the totality of the circumstances, the administration of Miranda warnings is a show of authority that a reasonable person would perceive as preventing him or her from leaving, thereby constituting a Fourth Amendment seizure.