J.P., A JUVENILE, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
A juvenile charged with strong-arm robbery was arrested without probable cause and made two inculpatory statements—one in a police holding cell and one after Miranda warnings. The trial court suppressed the first statement but admitted the second, relying on the Miranda warnings. The appellate court reversed, holding that Miranda warnings alone cannot cure the taint of an illegal arrest.
Both statements must be suppressed. Although the trial court correctly found the initial detention was without probable cause and properly excluded the first statement, it erred in admitting the second statement. Miranda warnings alone do not cure the constitutional defect of an arrest made without probable cause.
[1] A confession obtained after an illegal arrest is inadmissible, even if Miranda warnings were given, if the warnings do not sufficiently break the causal connection betwee…
[2] Miranda warnings alone do not render admissible evidence derived from an illegal arrest.
Previewing 2 of 5 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“Arrests made without warrant or without probable cause, for questioning or 'investigation,' would be encouraged by the knowledge that evidence derived therefrom could well be made admissible at trial by the simple expedient of giving Miranda warnings. Any incentive to avoid Fourth Amendment violations would be eviscerated by making the warnings, in effect, a 'cure-all,' and the constitutional guarantee against unlawful searches and seizures could be said to be reduced to 'a form of words.'”
Establishes that Miranda warnings cannot legitimize evidence obtained through illegal arrest, as doing so would undermine Fourth Amendment protections.
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Join FLexlaw to unlock all legal intelligenceOn January 16, 1996, a woman was robbed of her purse. A witness saw a tall man flee with the purse and later encountered J.P. some distance away from …
The full statement of facts, procedural history, and disposition for this case are member content.
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PER CURIAM.
A juvenile charged with strong arm robbery appeals from the trial court’s denial of his motion to suppress an inculpatory statement. For the reasons set forth below, we reverse.
On January 16,1996, a woman was robbed of her purse. Mr. Efrain Montesino (“the witness”) was in his home on that day and heard screams outside. He went outside to investigate and saw a tall man running away with a purse in his hand. The witness drove around the neighborhood to try to locate the perpetrators. The witness encountered a juvenile (“J.P.”) some distance away from the scene of the crime. J.P. informed the witness that he had seen the perpetrators drive away. This made the witness suspicious of J.P. because J.P. was too far away from the site of the robbery to have witnessed it. When the police arrived, the witness directed the police to the area where he spoke with J.P. A police officer approached J.P., who appeared anxious and was sweating. In addition, J.P. had dust on his head and his shirt was inside-out. The officer suspected that J.P. may have been hiding under something. The officer took J.P. into police custody and J.P. was transported to the police station. The police placed J.P. in a holding cell with another suspect. The holding cell was equipped with a microphone. A police detective was able to listen to and record any conversation taking place within the holding cell. While in the cell, J.P. made an inculpatory statement which was recorded. J.P. was formally arrested and the police informed J.P. of his Miranda rights. J.P. waived his Miranda rights and gave a second inculpatory statement to the police.
J.P. was charged with strong arm robbery. Prior to the adjudicatory hearing on this charge, defense counsel moved to suppress all statements made by J.P. on the ground that J.P. was initially taken into police custody without probable cause. The trial court agreed, finding that J.P. was initially detained without probable cause. Accordingly, J.P.’s statement made in the holding cell was suppressed. However, the trial court did not suppress J.P.’s second inculpatory statement because it was given after J.P. had been apprised of his Miranda rights. J.P. was found guilty of strong arm robbery. Adjudication was withheld and this timely appeal followed.
The trial court correctly found that the initial detention, which the State agrees was an arrest, was without probable cause. While the police officer may have had reasonable suspicion concerning the juvenile, the knowledge possessed by the police officer did not come near the level necessary to establish probable cause. See T.L.F. v. State, 536 So. 2d 371, 372 (Fla. 2d DCA 1988)(holding that police officers lacked probable cause to arrest a juvenile for loitering and prowling where the juvenile “made no attempt to flee or conceal himself, and his shirtless attire was not unusual for Florida and certainly not unlawful.”). As a result of the lack of probable cause at the time of the initial detention, the trial court properly excluded the first inculpatory statement. However, the trial court should have excluded the second statement as well as the first. The trial court held the second statement to be admissible because the juvenile was given Miranda warnings. The United States Supreme Court, however, has specifically held to the contrary. Brown v. Illinois, 422 U.S. 590, 95 S.Ct. 2254, 45 L.Ed.2d 416 (1975)(holding that Miranda warnings alone do not break the causal connection between an illegal arrest and a confession). The Brown Court cautioned:
Arrests made without warrant or without probable cause, for questioning or “investigation,” would be encouraged by the knowledge that evidence derived therefrom could well be made admissible at trial by the simple expedient of giving Miranda warnings. Any incentive to avoid Fourth Amendment violations would be eviscerated by making the warnings, in effect, a “cure-all,” and the constitutional guarantee against unlawful searches and seizures could be said to be reduced to “a form of words.”
422 U.S. at 602-03, 95 S.Ct. at 2261 (footnote and citation omitted).
Accordingly, we reverse with directions to the trial judge to grant the Appellant’s Motion to Suppress as to the second statement.
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Johnson v. State, 813 So. 2d 1027 (Fla. 3d DCA 2002)…gal arrest.3 See Ames v. State, 739 So. 2d at 703 (defendant’s statements given after Miranda warnings, but within an hour of illegal arrest, where no intervening events occurred, suppressed as taint of illegal arrest not dissipated); J.P. v. State, 695 So. 2d 464, 466 (Fla. 3d DCA 1997)(Miranda warnings alone do not dissipate taint of illegal arrest). Cf. Connor v. State, 803 So. 2d at 598 (taint of any illegal arrest dissipated when defendant waived rights and gave oral and written consent to search after p…
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Reza v. State, 163 So. 3d 572 (Fla. 3d DCA 2015)…ourt held an extensive evidentiary hearing on the motion to suppress Reza's confession in lower tribunal case number 2009-CF-635. . As the majority points out, Miranda warnings alone are not sufficient to break the causal connection. J.P. v. State, 695 So. 2d 464, 466 (Fla. 3d DCA 1997). . Unlike the confession suppressed in Taylor v. Alabama, 457 U.S. 687, 102 S.Ct. 2664, 73 L.Ed.2d 314 (1982), Reza’s confession was not the result of any police exploitation of Reza’s illegal arrest. No promises or threats…1 / 2
Authorities Cited
- Brown v. Illinois, 422 U.S. 590 (U.S. 1975)
- T.L.F. v. State, 536 So. 2d 371 (Fla. 2d DCA 1988)