THE STATE OF FLORIDA, APPELLANT,
v.
JACKIE CONE, APPELLEE
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The State appealed a trial court's order suppressing defendant Jackie Cone's confession, which the trial court had granted based on Payton v. New York. The appellate court reversed, holding that Payton's restrictions on warrantless arrests in homes did not apply because officers were lawfully on the premises executing a valid search warrant when the arrest occurred.
Payton is inapposite where police officers are lawfully on the premises by virtue of a valid search warrant. An arrest made during the execution of such a warrant based on concededly valid probable cause does not violate the Fourth Amendment and does not render a subsequent confession inadmissible under Payton.
[1] A search warrant for a residence, validly issued, permits officers to lawfully be on the premises.
[2] An arrest made by officers with probable cause for charges unrelated to the execution of a search warrant does not violate Payton v. …
Previewing 2 of 4 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“Since the officers were lawfully on the premises by virtue of a valid search warrant, Cone's arrest by the county for concededly valid probable cause provides no Payton implication.”
Establishes the core holding that lawful presence via search warrant negates Payton restrictions on home arrests
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Join FLexlaw to unlock all legal intelligenceCity of Miami police developed probable cause and obtained a valid search warrant for Cone's residence while investigating a robbery/homicide. Simulta…
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[*1048] JORGENSON, Judge.
The State of Florida seeks review of the trial court’s order granting the defendant Jackie Cone’s motion to suppress his confession. The trial court’s conclusion was founded on Payton v. New York, 445 U.S. 573, 100 S.Ct. 1371, 63 L.Ed.2d 639 (1980), and Dunaway v. New York, 442 U.S. 200, 99 S.Ct. 2248, 60 L.Ed.2d 824 (1979). We find those cases inapposite and accordingly reverse the order and remand for further proceedings.
The operative facts giving rise to Jackie Cone’s arrest are as follows. Officers of the City of Miami Police Department were investigating a robbery/homicide which had occurred within the jurisdiction of the City of Miami. In furtherance of that investigation the City of Miami officers developed probable cause which led to the issuance of a concededly valid search warrant for the residence of Jackie Cone.
Coincident with the foregoing events, officers of the Dade County Public Safety Department were investigating Jackie Cone for two separate cases involving an aggravated assault and an armed robbery. Cone concedes that the county officers had probable cause for his arrest.
City and county officers jointly executed the search warrant of the Cone residence, where Jackie Cone was found hiding in a closet.1 County officers arrested Cone and transported him to the Public Safety Department where he was interrogated with respect to the county charges.2 Thereafter, city homicide officers transported the defendant from county police headquarters to the city homicide office, where Cone made statements implicating himself in the homicide.
The foregoing events are not controlled by Payton but are subject to the analysis provided by Judge Schwartz in State v. Thomas, 405 So. 2d 462 (Fla. 3d DCA 1981).3
There is nothing in this record to suggest that the two police agencies involved colluded to violate the defendant’s fourth or fifth amendment rights. Rather, the evidence suggests that two cooperating police agencies, closely monitoring each other’s investigations, had a successful result. Since the officers were lawfully on the premises by virtue of a valid search warrant, Cone’s arrest by the county for concededly valid probable cause provides no Payton implication. See Thomas, 405 So. 2d at 464. See also Michigan v. Summers, 452 U.S. 692, 101 S.Ct. 2587, 69 L.Ed.2d 340 (1981); United States v. Spencer, 684 F. 2d 220 (2d Cir.1982).
Accordingly, we reverse the trial court’s order suppressing the defendant’s confession and remand for further proceedings.
. The record reflects that City of Miami officers obtained the search warrant for the Cone residence which was located in the unincorporated area of Dade County. County officers were present for jurisdictional purposes at the time the warrant was executed. There is no evidence that either the city or the county officers were aware that Jackie Cone was at home at the time the warrant was executed.
. The trial court did not reach the issues of whether the defendant had received proper Miranda warnings or whether his statements were free and voluntary.
. We note that the trial court did not have the benefit of our Thomas decision at the time the motion to suppress was heard.
BASKIN, Judge
(dissenting).
Because I believe that Dunaway v. New York, 442 U.S. 200, 99 S.Ct. 2248, 60 L.Ed.2d 824 (1979) and Brown v. Illinois, 442 U.S. 590, 95 S.Ct. 2254, 45 L.Ed.2d 416 (1975) apply with equal force to Payton
violations and arrests without probable cause, I dissent. To hold otherwise would eviscerate the protections of the Fourth Amendment. See Thomas v. State, 405 So. 2d 462 (Fla. 3d DCA 1981) (Baskin, J., dissenting).
. Payton v. New York, 445 U.S. 573, 100 S.Ct. 1371, 63 L.Ed.2d 639 (1980).
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Cited By
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State v. Delgado-Armenta, 429 So. 2d 328 (Fla. 3d DCA 1983)…resident, were lawfully in Reyes’ “home.” My concern is that this conclusion implies that were it not for these circumstances, Payton would apply. That simply is not so. I think it should be made clear, as we have previously done, see State v. Cone, 426 So. 2d 1047 (Fla. 3d DCA 1983) and State v. Thomas, 405 So. 2d 462 (Fla. 3d DCA 1981), that merely because an arrest is illegal under Payton, that illegality serves only to taint a search of the defendant’s home leading up or incidental to the arrest and has no…1 / 2
Authorities Cited
- Payton v. New York, 445 U.S. 573 (U.S. 1980)
- Dunaway v. New York, 442 U.S. 200 (U.S. 1979)
- Brown v. Illinois, 422 U.S. 590 (U.S. 1975)
- Michigan v. Summers, 452 U.S. 692 (U.S. 1981)
- State v. Thomas, 405 So. 2d 462 (Fla. 3d DCA 1981)
- United States v. Spencer, 684 F.2d 220 (2d Cir. 1982)