State v. Gifford

558 So. 2d 444, 1990 WL 17498
CourtDistrict Court of Appeal of Florida
DecidedFebruary 28, 1990
Docket88-1910
StatusPublished
Cited by9 cases

This text of 558 So. 2d 444 (State v. Gifford) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Gifford, 558 So. 2d 444, 1990 WL 17498 (Fla. Ct. App. 1990).

Opinion

558 So.2d 444 (1990)

STATE of Florida, Appellant,
v.
Walter Allen GIFFORD, Appellee.

No. 88-1910.

District Court of Appeal of Florida, Fourth District.

February 28, 1990.
Rehearing Denied April 19, 1990.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Deborah Guller, Asst. Atty. Gen., West Palm Beach, for appellant.

Richard L. Jorandby, Public Defender, and Louis G. Carres, Asst. Public Defender, West Palm Beach, for appellee.

POLEN, Judge.

In the course of a police investigation, appellee became a suspect in a sexual offense case. A police records check revealed an outstanding probation violation warrant in appellee's name. Even though appellee protested repeatedly that the warrant was no longer in force, police officers arrested him and brought him to a jail facility. Further inquiry into the warrant substantiated appellee's claims.[1] When the *445 jail authorities so informed the investigating officer, who was interviewing the two victims of the sexual offense at the hospital's emergency room, the officer instructed them to continue to detain appellee since the officer had probable cause to arrest him. When, approximately four hours later, the detective arrived at the jail, he advised appellee of his Miranda rights and conducted an interview during which appellee gave a written confession. Subsequent to the interview, the detective formally informed appellee that he was under arrest for the sexual offense crime.[2]

At the motion to suppress hearing, the trial court determined that while the continued detention was lawfully based on probable cause, the written statement was inadmissible because it flowed from an initial illegal arrest, the taint of which was never dissipated. We reverse.

A void or nonexistent warrant may not be the basis for a legal arrest and search. Martin v. State, 424 So.2d 994, 995 (Fla. 2d DCA 1983); Pesci v. State, 420 So.2d 380, 382 (Fla. 3d DCA 1983). Therefore, the fact that the arresting officers did not discover the warrant's invalidity until after the arrest did not transform it into a lawful one. Nor does the "good faith exception" to the exclusionary rule apply and validate the arrest. See United States v. Leon, 468 U.S. 897, 104 S.Ct. 3405, 82 L.Ed.2d 677 (1984).

However, subsequent to the initial unlawful arrest, when the detective ordered appellee's continued detention, appellee was lawfully "arrested" based on probable cause, advised of his Miranda rights and confessed. The record reflects ample support for the trial court's finding of a sufficient showing of independent probable cause for this arrest. The detective testified that, prior to interviewing appellee, he had probable cause because (a) he had interviewed the victims and witnesses; (b) while with the victims and sexual assault counselors at the medical center, he picked up bits and pieces of information from the road patrol commander; and (c) the vehicle described as an instrumentality of the offense by both victims was found at appellee's residence. This is much more than a mere suspicion lacking articulable facts or a bare conclusion. See Illinois v. Gates, 462 U.S. 213, 103 S.Ct. 2317, 76 L.Ed.2d 527, reh'g denied, 463 U.S. 1237, 104 S.Ct. 33, 77 L.Ed.2d 1453 (1983).

While it would have been theoretically more pristine for the officer to follow protocol, especially given the illegality of the initial arrest, the sequence of events and totality of the circumstances were such that the officer had no realistic alternative but to order appellee detained rather than released and re-arrested. Detention by one officer at the direction of another is legal. United States v. Hensley, 469 U.S. 221, 105 S.Ct. 675, 83 L.Ed.2d 604 (1985); State v. Kehoe, 498 So.2d 560 (Fla. 4th DCA 1986), approved, 521 So.2d 1094 (Fla. 1988).

It is not dispositive that appellee was not informed of the carnal knowledge arrest until after receiving Miranda warnings and giving his confession. State v. Emery, 411 So.2d 341 (Fla. 4th DCA 1982). In Dunaway, the Supreme Court clearly stated that application of the fourth amendment's requirement of probable cause does not depend on whether an intrusion of this magnitude is termed an "arrest" under state law. No formal words are required stating that an individual is under arrest. The critical issue is whether probable cause for the arrest exists in light of the facts of each case. Dunaway v. New York, 442 U.S. 200, 99 S.Ct. 2248, 60 L.Ed.2d 824 (1979).

In determining whether a statement made subsequent to an illegal arrest is the product of free will, in addition to the giving of Miranda warnings, a fifth amendment threshold requirement, the court must satisfy fourth amendment concerns by examining the "causal connection" between the illegal arrest and the subsequent *446 statement. The court must consider: (1) the temporal proximity of the illegal arrest and the statement; (2) the presence of intervening circumstances; (3) and the purpose and flagrancy of the official misconduct. Dunaway, 442 U.S. at 219, 99 S.Ct. at 2260 [citing Brown v. Illinois, 422 U.S. 590, 603, 95 S.Ct. 2254, 2261, 45 L.Ed.2d 416 (1975)]. In the instant case, approximately four hours passed between the illegal arrest and appellee's statement, the elements that supported the detective's probable cause were intervening factors and the official conduct was performed in good faith.

Appellee's claim that his confession was involuntary due to intoxication, being under the influence of narcotics and fear of the detective, was a question of credibility which the trial court resolved adversely to appellee. The officers testified appellee exhibited no signs of fear or intoxication. Appellee's testimony indicates he imbibed no intoxicants for a period of fourteen hours prior to the confession. His testimony of inability to remember the entire interrogation is insufficient to establish intoxication. Thomas v. State, 456 So.2d 454 (Fla. 1984), judgment aff'd, sentence vacated and case remanded, 546 So.2d 716 (Fla. 1989). Nor was there evidence of coercion or threats made against appellee. His belief that the detective harbored ill will towards him was subjective, not caused by the detective's conduct and not grounds for suppression. Thomas, 456 So.2d at 458.

Granting the primary illegality of the arrest based on the warrant, appellee's confession, rather than resulting from exploitation of that illegality, was an act of free will sufficiently distinguishable to purge any "primary taint." Wong Sun v. United States, 371 U.S. 471, 83 S.Ct. 407, 9 L.Ed.2d 441 (1963). The trial court's order granting the motion to suppress is reversed.

GLICKSTEIN, J., concurs.

ESQUIROZ, MARGARITA, Associate Judge, dissents with opinion.

ESQUIROZ, MARGARITA, Associate Judge, dissenting.

I respectfully dissent.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Reza v. State
163 So. 3d 572 (District Court of Appeal of Florida, 2015)
Willingham v. City of Orlando
929 So. 2d 43 (District Court of Appeal of Florida, 2006)
Jibory v. City of Jacksonville
920 So. 2d 666 (District Court of Appeal of Florida, 2005)
Collins v. State
707 So. 2d 821 (District Court of Appeal of Florida, 1998)
Voorhees v. State
699 So. 2d 602 (Supreme Court of Florida, 1997)
State v. White
660 So. 2d 664 (Supreme Court of Florida, 1995)
State v. White
636 So. 2d 753 (District Court of Appeal of Florida, 1994)
State v. Schafer
583 So. 2d 374 (District Court of Appeal of Florida, 1991)

Cite This Page — Counsel Stack

Bluebook (online)
558 So. 2d 444, 1990 WL 17498, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-gifford-fladistctapp-1990.