State v. McCree

Full title: THE STATE OF FLORIDA, APPELLANT, v. JOHNNY McCREE, APPELLEE

Court: District Court of Appeal of Florida, Third District

Date published: Aug 25, 1982

417 So. 2d 1021 (Fla. Dist. Ct. App. 1982)

Opinion

No. 81-1936.

June 22, 1982. Rehearing Denied August 25, 1982.

Appeal from Circuit Court, Dade County; Murray Goldman, Judge.

Jim Smith, Atty. Gen., and Paul Mendelson, Asst. Atty. Gen., for appellant.

Irv J. Lamel, Coral Gables, for appellee.

Before NESBITT, FERGUSON and JORGENSON, JJ.

PER CURIAM.

We 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).