Call us now:
Do you really have the right to remain silent—or will the police just keep asking questions anyway?
A recent decision from Florida’s First District Court of Appeal in Snowden v. State reveals a disturbing reality that many people don’t fully understand: your rights, even when clearly invoked, can be ignored by law enforcement—and unless challenged in court, those violations may never be corrected.
This case is a wake-up call for the public and a stark reminder of why legal representation matters from the moment police make contact.
What Happened to Snowden?
Daquavion Snowden was convicted of first-degree murder and attempted murder. But on appeal, the court found that investigators violated his constitutional rights repeatedly, specifically his right to have an attorney present during custodial interrogation.
Let’s be clear: the United States Supreme Court in Miranda v. Arizona, 384 U.S. 436 (1966), held that when someone in police custody asks for a lawyer, the police must immediately stop questioning until a lawyer is present. There are no exceptions for “maybe” or “kind of” wanting a lawyer. And yet, Snowden asked three separate times for legal counsel—and was still questioned for hours without one.
Example #1: “Is there any way I can talk to my lawyer or anything?”
This was Snowden’s first request—uttered while shirtless, shoeless, and chained to a table in a police interview room after vomiting on the floor.
An officer clearly understood he was asking for a lawyer—the response was, “An investigator will come talk to you soon.” But that’s not what the law requires. Once a suspect asks to speak to a lawyer, questioning must stop immediately.
The court found that Snowden’s statement was an unequivocal invocation of his right to counsel, despite the phrase “or anything.” Why? Because courts don’t expect suspects to speak like lawyers. As the court emphasized, “a suspect need not speak with the discrimination of an Oxford don.” (Davis v. United States, 512 U.S. 452, 459 (1994)).
Example #2: “That’s why I need a lawyer or something, dude…”
Two hours later, Snowden said this after being pressed to “exonerate” himself. He again expressed confusion and helplessness:
“I don’t know what to tell y’all. What do I do?”
This wasn’t vague. This wasn’t ambiguous. This was a direct and desperate plea for legal help, recognized as such under Florida law. The officers’ response? They continued questioning him.
Courts have repeatedly found that similar language constitutes a clear invocation of the right to counsel. (Wilson v. State, 274 So. 3d 549 (Fla. 5th DCA 2019); Daniel v. State, 238 So. 3d 1283 (Fla. 5th DCA 2018).)
Example #3: “I need a lawyer.”
Finally, Snowden said it with complete clarity. Officers at that point acknowledged the request—but instead of ending the interrogation, they warned him he would be charged and made suggestive comments implying he could “minimize his involvement” if he talked. When Snowden later asked to speak to the investigators again, the State argued he had reinitiated contact and waived his rights.
But the appellate court saw through that. It ruled that Snowden’s decision to reengage with officers was a direct result of coercive police tactics and a prolonged 13-hour ordeal in which his prior invocations of rights were ignored.
Why This Should Concern You
The Snowden case isn’t just about one person’s rights being trampled—it’s about a system that sometimes counts on suspects not knowing their rights or not knowing how to assert them in the exact “magic words” police or prosecutors may later claim were necessary.
Here’s the truth:
- You do not need to be a lawyer to invoke your rights.
- You do not need to say “I demand an attorney” in perfect legalese.
- And once you say something like “I want a lawyer,” all questioning must stop.
If police continue to question you anyway, anything you say after that point should be inadmissible—but you’ll need a criminal defense attorney to fight for that in court.
Know Your Rights. Protect Your Freedom.
The police have training and scripts. They know how to keep you talking—even when you’ve asked them to stop. Don’t take the risk.
If you or someone you love is under investigation or facing charges, the most important thing you can say is this: “I want a lawyer.” And then say nothing else.
At Landsman Law, we believe that your rights are more than a formality. We fight to make sure they are respected—at every stage of the case.
Contact Landsman Law today if you’ve been arrested or questioned by police. We’re here to protect your rights—because if we don’t, who will?
Citations:
- Miranda v. Arizona, 384 U.S. 436 (1966)
- Davis v. United States, 512 U.S. 452 (1994)
- Smith v. Illinois, 469 U.S. 91 (1984)
- State v. Penna, 385 So. 3d 595 (Fla. 2024)
- Almeida v. State, 737 So. 2d 520 (Fla. 1999)
- Scotsman v. State, 238 So. 3d 300 (Fla. 4th DCA 2018)
Why Retaining an Attorney Matters
Criminal Defense Lawyer Matt Landsman at Landsman Law helps people accused of crimes in Gainesville, Alachua County, Levy County, Gilchrist County, and surrounding areas of north Florida. If you need help for yourself or a loved one contact Criminal Defense Attorney Matt Landsman for a free consultation today. For help with any Criminal Matter from Board Certified Criminal Trial Lawyer Matt Landsman – CALL NOW
If you’re accused of any criminal matter, retaining an attorney is critical to protecting your rights. These cases will involve constitutional questions and concern allegations of misconduct or are sensitive in nature, requiring a skill, preparation and experience. For expert legal help, contact Gainesville Defense Lawyer Matt Landsman to protect your rights today.