ON PETITION FOR WRIT OF CERTIORARI TO THE COURT OF APPEALS OF SOUTH CAROLINA.
The motion for leave to proceed in forma pauperis is granted. The petition for a writ of certiorari is granted.
Petitioner was convicted of armed robbery. He contends that his confession should have been suppressed because it was the product of an illegal arrest. The South Carolina Court of Appeals affirmed the trial court's rejection of his motion to suppress the confession:
"Assuming, without deciding, that Lanier's arrest was illegal, we nevertheless hold his confession was admissible. A confession made while the accused is in custody before any warrant for his arrest has been issued is not per se inadmissible. State v. Funchess, 255 S. C. 385, 179 S. E. 2d 25, cert. denied, 404 U.S. 915, 92 S. Ct. 236, 30 L. Ed. 2d 189 (1971). Voluntariness remains as the test of admissibility. Id. Even if the arrest was
illegal, the confession will be admissible if it is freely and voluntarily given. State v. Plath, 277 S. C. 126, 284 S. E. 2d 221 (1981). Since Lanier does not claim his confession was not voluntary, his argument that the confession was inadmissible is without merit." App. to Pet. for Cert. A-2.
The South Carolina Supreme Court declined further review.
Under well-established precedent, "the fact that [a] confession may be 'voluntary' for purposes of the Fifth Amendment, in the sense that Miranda warnings were given and understood, is not by itself sufficient to purge the taint of the illegal arrest. In this situation, a finding of 'voluntariness' for purposes of the Fifth Amendment is merely a threshold requirement for Fourth Amendment analysis." Taylor v. Alabama, 457 U.S. 687, 690 (1982). See also Dunaway v. New York, 442 U.S. 200, 217-218 (1979); Brown v. Illinois, 422 U.S. 590, 602 (1975). The reasoning of the South Carolina Court of Appeals is inconsistent with those cases. We therefore vacate the judgment and remand the case to that court for further proceedings.
Certiorari granted; vacated and remanded.
JUSTICE O'CONNOR, with whom JUSTICE REHNQUIST joins, concurring ...