FATE CLARK, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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Fate Clark appealed his conviction for robbery, challenging the trial court's denial of his motion to suppress his confession on the grounds that he was unlawfully arrested. The Florida District Court of Appeal affirmed the conviction, holding that Clark's initial accompaniment to the police station was voluntary and that he was not under arrest until after his interrogation, making his confession admissible.
The court held that Clark was not under arrest when he went to the police station or during his interrogation because none of the four legal elements of arrest were present: Clark went voluntarily despite being told he could refuse, officers testified they had no arrest intention, Clark signed a pre-arrest form indicating he was not arrested, and he voluntarily waived his constitutional rights before interrogation.
[1] A confession is not rendered inadmissible as the fruit of an unlawful arrest when the defendant voluntarily accompanies officers to the police station and is informed the…
[2] A voluntary waiver of constitutional rights, including the right to refuse fingerprinting or photography prior to arrest, negates the claim of an unlawful 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“The elements of an arrest are (1) a purpose or intention to effect an arrest under a real or pretended authority; (2) an actual or constructive seizure or detention of the person to be arrested by a person having present power to control the person arrested; (3) a communication by the arresting officer to the person whose arrest is sought of an intention or purpose then and there to effect an arrest; and (4) an understanding by the person whose arrest is sought that it is the intention of the arresting officer then and there to arrest and detain him (or her).”
Establishes the legal framework for determining whether an arrest occurred, citing Melton v. State.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceDuring the investigation of a Zayre department store robbery, police officers went to Clark's home and requested (without compelling) him to accompany…
The full statement of facts, procedural history, and disposition for this case are member content.
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PER CURIAM.
This is an appeal from an adjudication of guilty of robbery.
Defendant contends the trial court erred in denying his motion to suppress his confession on the grounds that it was made while he was unlawfully under arrest. During the investigation of a robbery of a Zayre department store, the defendant’s name came up and two officers of the Dade County Public Safety Department went to the defendant’s home and advised him that although he did not have to comply, they requested him to accompany them to the police station to be photographed and fingerprinted for investigative purposes. The defendant voluntarily complied with the officers’ request. Upon arriving at the station, the defendant was read and read himself a pre-arrest form which he voluntarily signed waiving his right to refuse to be fingerprinted or photographed prior to arrest. The defendant was photographed and asked if he would submit to questioning. The defendant indicated his willingness, signed a constitutional rights warning form and waived his rights. After being interrogated for approximately two hours, defendant was placed under arrest and made a transcribed confession which was received into evidence at trial over defendant’s objection.
Defendant basically argues that for all practical purposes at the time he arrived at the police station he was under arrest, which he maintains was illegal because the police officers misrepresented their purpose in persuading him to accompany them to the police station. We cannot agree.
The elements of an arrest are (1) a purpose or intention to effect an arrest under a real or pretended authority; (2) an actual or constructive seizure or detention of the person to be arrested by a person having present power to control the person arrested; (3) a communication by the arresting officer to the person whose arrest is sought of an intention or purpose then and there to effect an arrest; and (4) an understanding by the person whose arrest is sought that it is the intention of the arresting officer then and there to arrest and detain him (or her). Melton v. State, Fla. 1954, 75 So. 2d 291.
We find that none of the above elements are present in the cause before us. First, when defendant was asked to accompany the officers to the police station, the defendant did so voluntarily in spite of the fact that he was informed that he did not have to go. Second, the officers testified at trial that they had no intention of placing the defendant under arrest when they went to his home. Third, upon arriving at the station, defendant read and signed a pre-arrest form which indicated that because he was not under arrest at that juncture he could refuse to be photographed or fingerprinted. Last, we note that defendant after being read his constitutional rights, voluntarily waived them and consented to the interrogation. In the alternative, defendant argues that if he was not lawfully under arrest at the time he made his written confession, there is nothing in the record to indicate that his oral statements during the interrogation were incriminating and, therefore, there was no probable cause to arrest him at the conclusion of the interrogation. We disagree, for the only reasonable conclusion which can be drawn from the defendant’s transcribed statement is that the same admissions were made orally to the officers during the course of the interrogation.
Affirmed.
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Filmon v. State, 336 So. 2d 586 (Fla. 1976)…a seizure of his person, although there is concededly a difference between formal arrest and investigatory detention. Cupp v. Murphy, 412 U.S. 291, 93 S.Ct. 2000, 36 L.Ed.2d 900 (1973). Cf. Sheff v. State, 329 So. 2d 270 (Fla.1976); Clark v. State, 322 So. 2d 635 (Fla.App.3rd, 1975). If the rationale for search incident to arrest has “little applicability with respect to searches involving intrusions beyond the body’s surface,” Schmerber v. California, 384 U.S. at 769-770, 86 S.Ct. at 1835, 16 L.Ed.2d at 919…
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Tamburro v. State, 343 So. 2d 638 (Fla. 4th DCA 1977)…for a traffic violation, the odor of marijuana, and the apparent “roach” which was seen in plain view in his car, was such as to create probable cause to believe that the defendant had committed the offense of possession of cannabis. Clark v. State, 322 So. 2d 635 (Fla. 3rd DCA 1975); State v. Daniel, 319 So. 2d 582 (Fla. 4th DCA 1975); State v. Flores, 305 So. 2d 292 (Fla. 2d DCA 1974); Lavazzoli v. State, 281 So. 2d 519 (Fla. 3rd DCA 1973). Hence, both the defendant’s [*639] arrest and the subsequent search…
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In the Interest of R. L. J., 336 So. 2d 132 (Fla. 1st DCA 1976)…ioned submissions to “seizures” of the order we consider here. An officer’s spontaneous warning that the suspect need not go to headquarters for interrogation may conclusively demonstrate that the subsequent submission was voluntary, Clark v. State, 322 So. 2d 635 (Fla.App.3d, 1975), but such a warning is not indispensable. The Supreme Court held in Watson that “the absence of proof that Watson knew he could withhold his consent, though it may be a factor in the overall judgment, is not to be given controllin…
Authorities Cited
- Griffin v. State, 474 So. 2d 777 (Fla. 1985)
- Melton v. State, 75 So. 2d 291 (Fla. 1954)