¶1We affirm the judgment of the trial court suppressing the confession of Johnny McCree, based on the trial court’s finding that the arrest was unlawful and without probable cause. Brown v. Illinois, 422 U.S. 590, 95 S.Ct. 2254, 45 L.Ed.2d 416 (1975). No attenuation occurred according to this record between the time of the unlawful arrest and the confession. Dunaway v. New York, 442 U.S. 200, 99 S.Ct. 2248, 60 L.Ed.2d 824 (1979); Brown, supra, 422 U.S. at 602, 95 S.Ct. at 2261. See Bailey v. State, 319 So.2d 22 (Fla.1975); Taylor v. State, 355 So.2d 180 at 184 (Fla. 3d DCA 1978).
417 So. 2d 1021
State v. McCree
District Court of Appeal of Florida
Decided June 22, 1982
District Court of Appeal of Florida · decided 1982-06-22
Cited by 2 later decisions — most recently December 2005
2 state decisions
Relies on Brown v. Illinois · Dunaway v. New York · 319 So. 2d 22 - Bailey v. State
Good law ✅— No negative treatment on recordhow we know
Decided 1982-06-22
View the full empirical analysis of this case →