ALFRED GILLIS, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1994-03-22
No. 93-20
Before BARKDULL, NESBITT and COPE, JJ.
634 So. 2d 725 Florida District Court of Appeal, Third District (1994) Positive Treatment
Cited by 2 cases

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.

Synopsis

Alfred Gillis appeals his conviction for attempted first-degree murder and robbery, challenging the trial court's denial of his motion to suppress a photograph used to identify him. The court affirmed, holding that the photograph was not obtained through police coercion even though the building owner threatened eviction to compel the defendant's wife to provide it, because the owner acted from independent business interests unconnected to police direction.


Holding

The trial court properly denied the motion to suppress because the photograph was not procured through police coercion. Although the wife's ultimate consent was obtained under threat of eviction, the building owner acted from independent, legitimate business interests separate from police interests, and the police did not direct or accompany the owner in taking this action.


Headnotes

[1] A wife's consent to the seizure of evidence from a shared residence is not rendered involuntary merely because a third party, acting on an independent business interest,…

[2] Police officers investigating a crime originating in their municipality may pursue the investigation into a neighboring municipality, especially when accompanied by offic…

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Key Quotes

“The police did not accompany or force the manager or owner to take the action they pursued. Instead, the owner, armed with an independent, legitimate, and private business interest, had a motive to prevail upon the wife, separate and apart from the interest of the police.”

Establishes the court's key distinction that the owner's coercive conduct was motivated by independent business interests (rent delinquency), not by police direction or request, thus defeating a claim of police-induced coercion.

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Facts & Procedural History

Hialeah police investigating an attempted murder and robbery learned that Alfred Gillis was involved and returning to his apartment in Opa-Locka. Acco…

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Opinion of the Court
PER CURIAM.

[*726] PER CURIAM.

The defendant appeals from his conviction of attempted first-degree murder and robbery. The defendant’s primary claim is that the trial court erred in denying the defendant’s motion to suppress the admission into evidence of a photo used to identify him, which defendant claims was procured through the coerced consent of his wife. We disagree and affirm the conviction.

Hialeah police officers, investigating an attempted murder and robbery obtained information that Alfred Gillis was involved and was returning to his home in the adjacent municipality of Opa-Locka. The Hialeah police, in fresh investigative pursuit, entered the latter city where, promptly accompanied by Opa-Locka officers, they approached the apartment complex where the defendant lived with his wife. The wife answered the door and permitted the police to make a preliminary sweep of the apartment. At that time th§y discovered the defendant’s wedding picture on top of the television set. The police requested a loan of the photograph. The wife refused, and the police promptly left.

Hialeah police officers then approached the manager of the apartment complex and explained the situation to her. Upon learning that the complex might be harboring a suspect in a crime and also knowing that the couple was behind in their rent payments, the manager explained the circumstances to the building owner. The building owner then approached the defendant’s wife and plainly told her that unless she acceded to the police’s request for the photo, she would be evicted. Whereupon the wife handed the photo over to the police. Thus the defendant claims his wife’s ultimate consent was coerced.

At trial the defendant moved to suppress the photograph from evidence. The trial judge found no police coercion and we agree. The police did not accompany or force the manager or owner to take the action they pursued. Instead, the owner, armed with an independent, legitimate, and private business interest, had a motive to prevail upon the wife, separate and apart from the interest of the police.

Thus, we find that the trial court properly denied the motion to suppress the photograph. Additionally, the Hialeah police who were actively investigating the recently committed crime within that municipality plainly had authority to investigate the crime and legally pursued it into a neighboring municipality. See Goodman v. State, 399 So. 2d 1120 (Fla. 4th DCA 1981) (municipal police officer has authority to conduct investigation outside his or her own jurisdiction if subject matter of the investigation originated in his or her own jurisdiction). Moreover, the Hialeah officers were accompanied by Opa-Locka police, thus negating any suggestions that they acted beyond their authority.

All other points raised are without merit.

Affirmed.


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Citator

Cited By

  • Randell Holmes v. State, 710 So. 2d 651 (Fla. 4th DCA 1998)
    …ng issue, we observe that Officer Lumpkin’s stop of the vehicle was at the direction of Trooper Coker, who was within his authority to make a stop for a traffic infraction. See Sims v. State, 425 So. 2d 563, 568 (Fla. 4th DCA 1982); Gillis v. State, 634 So. 2d 725, 726 (Fla. 3d DCA 1994). AFFIRMED. STONE, C.J., and KLEIN and GROSS, JJ., concur. . Section 320.131(4), Florida Statutes (1997), now allows temporary tags to be displayed in the rear window of a vehicle. This amendment does not apply to this case…

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