MICHAEL RAYE SMITH, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Florida appellate court affirmed robbery conviction, holding that warrantless arrest based on hearsay information was lawful if veracity was shown by either credibility or reliability (not both), and that the defendant's confession was voluntary despite promises to notify authorities of cooperation.
A warrantless arrest based on hearsay information is lawful if the State demonstrates veracity through either the credibility of the informant or the reliability of the information, not necessarily both.
[1] Veracity of hearsay information supporting a warrantless arrest may be established by proof of either the informant's credibility or the reliability of the information, n…
[2] Promises by interrogators to notify parole authorities, prosecutors, or the court of an accused's cooperation during questioning do not constitute per se unlawful inducem…
Previewing 2 of 2 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Proving veracity, as Barfield demonstrates, is by one means or the other, not both.”
The court clarified the standard for establishing veracity of hearsay information used in warrantless arrests.
Michael Raye Smith was convicted of robbery and conspiracy to commit robbery. He challenged his warrantless arrest and claimed his confession was invo…
The full statement of facts, procedural history, and disposition for this case are member content.
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ROBERT P. SMITH, Jr., Chief Judge.
We affirm appellant’s conviction and sentence for robbery, noting that there was no appealable conviction and sentence for conspiracy to commit robbery. Section 924.06(1), Fla.Stat. (1981); Fla.R.App.P. 9.140(b)(1). In rejecting appellant’s attack upon the warrantless arrest, we adhere to Barfield v. State, 396 So. 2d 793, 795 (Fla. 1st DCA 1981), and disagree with State v. Doherty, 240 So. 2d 332 (Fla. 4th DCA 1970), to the extent that Doherty holds that the State, demonstrating the veracity of hear-said information relied on for an arrest, must show both the credibility of the informant and the reliability of his information. Proving veracity, as Barfield demonstrates, is by one means or the other, not both. Nor on this record can we find that appellant involuntarily confessed as a result of improper inducements by an interrogator. It is not per se an unlawful inducement to promise to notify parole authorities, or the prosecutor, or the court, of the accused’s cooperation under questioning. Bova v. State, 392 So. 2d 950 (Fla. 4th DCA 1980), modified on other grounds, 410 So. 2d 1343 (Fla.1982); see also State v. Williams, 358 So. 2d 1094 (Fla. 1st DCA 1978); but see Fillinger v. State, 349 So. 2d 714 (Fla. 2d DCA 1977), cert. den., 374 So. 2d 101 (Fla.1979). Here the record as a whole does not compel a finding that appellant’s confession was involuntary. No other error appears.
AFFIRMED.
McCORD and MILLS, JJ., concur.
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Smith v. State, 450 So. 2d 480 (Fla. 1984)…ADKINS, Justice. We have for review Smith v. State, 422 So. 2d 1065 (Fla. 1st DCA 1982), which expressly and directly conflicts with State v. Doherty, 240 So. 2d 332 (Fla. 4th DCA 1970). We have jurisdiction pursuant to article V, section 3(b)(3), Florida Constitution. We approve and adopt the opinion of the First…
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Prudence F. Williams v. State, 441 So. 2d 653 (Fla. 3d DCA 1983)…e of conduct and statements which, each taken individually, might not vitiate a confession: deception, La Rocca v. State, 401 So. 2d 866 (Fla. 3d DCA 1981) (polygraph examiner lied, confession voluntary); notify court of cooperation, Smith v. State, 422 So. 2d 1065 (Fla. 1st DCA 1982); Bova v. State, 392 So. 2d 950 (Fla. 4th DCA 1980) (not per se unlawful inducement to promise to tell of accused’s cooperation), modified on other grounds, 410 So. 2d 1343 (Fla.1982); leniency, Hawkins v. Wainwright, 399 So. 2d 4…
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Finberg v. Herald Fire Ins. Co., 455 So. 2d 462 (Fla. 3d DCA 1984)…the party who selected that language. Hurt v. Leatherby Insurance Co., 380 So. 2d 432 (Fla.1980); Clermont Builders Supply, Inc. v. General Construction & Design, Inc., 423 So. 2d 518, 520 n. 3 (Fla. 5th DCA 1982); Century National Bank v. Williams, 422 So. 2d 1065 (Fla. 1st DCA 1982); Jennings Country Club Homes, Inc. v. General Capital Corp., 419 So. 2d 1105 (Fla. 3d DCA 1982); MacIntyre v. Green’s Pool Service, Inc., 347 So. 2d 1081 (Fla. 3d DCA 1977). The final summary judgment appealed is reversed. We fi…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Bova v. State, 410 So. 2d 1343 (Fla. 1982)
- Fillinger v. State, 349 So. 2d 714 (Fla. 2d DCA 1977)
- Barfield v. State, 396 So. 2d 793 (Fla. 1st DCA 1981)
- Bova v. State, 392 So. 2d 950 (Fla. 4th DCA 1980)
- State v. Doherty, 240 So. 2d 332 (Fla. 4th DCA 1970)
- State v. Williams, 358 So. 2d 1094 (Fla. 1st DCA 1978)