defined than when bounded by the unambiguous physical dimensions of an individual's home--a zone that finds its roots in clear and specific constitutional terms: 'The right of the people to be secure in their . . . houses . . . shall not be violated.'" 445 U.S. at 589.
In Payton, the police broke into the defendants' homes without search or arrest warrants to arrest them for murder and robbery. Once inside, the police seized weapons, narcotics and other incriminatory paraphernalia and used them against the defendants at his trial. The United States Supreme Court overturned the convictions because the police had failed to secure arrest warrants and there were no exigent circumstances nor consent given for the entries and seizures of persons and property. The Payton Court distinguished between warrantless searches and seizures inside a home and warrantless searches and seizures in public places. The Court found the former presumptively unreasonable and the latter valid. Id. at 586-87.
We hold that the Payton doctrine does not require this court to suppress the defendant's incriminating statements under the Fourth Amendment. Although Payton and Watson share some similarities, the differences are significant. As in Payton, the police in Watson failed to obtain arrest or search warrants before entering the defendant's home. In addition, in Payton and Watson there were no exigent circumstances to justify warrantless entries into houses.
An important difference between Payton and Watson concerns the place in which the challenged evidence was seized. In Payton, the police searched and seized incriminating evidence found inside the defendants' homes. In Watson, the challenged evidence was obtained outside of the defendant's house; Watson reportedly made incriminating statements while at a police station and at the crime scene and he signed a confession in the Dirksen Building. The Court in Payton made clear that a person's home was the "zone of privacy" that deserved utmost protection from unreasonable searches and seizures by the government. Id. at 589.
Even if we assume arguendo that the police in Watson, as in Payton, entered the defendant's home absent consent to make a routine felony arrest
the Payton doctrine would not dictate the suppression of evidence here under the Fourth Amendment. To explain why this is so, the court now turns to the United States Supreme Court's decision in New York v. Harris. Supra. In that case, the police violated Payton by entering Harris' home without consent or a warrant to arrest him for murder. The trial court suppressed incriminating statements Harris made in his home but admitted a statement Harris made at a police station. 495 U.S. at 16. Harris was convicted and the intermediate appellate court affirmed.
The New York Court of Appeals reversed the lower courts in Harris. The Court of Appeals accepted the trial court's findings that there was no consent to enter Harris' home and the police had probable cause to arrest the defendant. The Court of Appeals, however, held that under Brown v. Illinois, 422 U.S. 590, 45 L. Ed. 2d 416, 95 S. Ct. 2254 (1975), and its progeny, the statement Harris made at the police station was inadmissible fruit of an illegal arrest made in violation of Payton. 495 U.S. at 16.
The United States Supreme Court reversed the New York Court of Appeals. The Supreme Court in Harris held that although the warrantless arrest of Harris in his home violated Payton and the Fourth Amendment, the Constitution did not require suppressing the statement made outside of the home. Id. at 21. The Court stated that the rule in Payton was designed to protect the physical integrity of the home; it was not intended to grant criminal suspects, like Harris, protection for statements made outside their premises where the police have probable cause to arrest the suspect for committing a crime." Id. at 17. The Court explained that the Payton rationale would not be served by suppressing inculpatory statements made outside of the home:
The warrant requirement for an arrest in the home is imposed to protect the home, and anything incriminating the police gathered from arresting Harris in his home, rather than elsewhere, has been excluded, as it should have been; the purpose of the rule has thereby been vindicated. We are not required by the Constitution to go further and suppress statements later made by Harris in order to deter police from violating Payton. . . If we did suppress the statements like Harris', moreover, the incremental deterrent value would be minimal. Id. at 20.
The Supreme Court determined nonetheless that Harris' detention outside his home following the illegal arrest was lawful. The Court held that its reasoning in Payton did not suggest that "an arrest in a home without a warrant but with probable cause somehow renders unlawful continued custody of the suspect once he is removed from the house." Id. at 18. The Court found that Harris' statement taken at the police station was not the product of an unlawful detention because the police had probable cause to arrest him.
The Supreme Court drew an important distinction between Brown v. Illinois, cited by the defendant here, and Harris. Brown "stand[s] for the familiar proposition that the indirect fruits of an illegal search or arrest should be suppressed when they bear a sufficiently close relationship to the underlying illegality . . ." Harris, 495 U.S. at 18.
The Harris Court distinguished Brown and other similar cases based upon the doctrine of probable cause. In Brown, the challenged evidence was tainted because the police lacked probable cause to arrest the defendant. Id. at 19. In Harris, by contrast, the police had probable cause to arrest the defendant. The Harris Court concluded that the defendant's challenged statement was admissible because it was not an exploitation of the illegal entry into his home. Id.
The facts and arguments presented in Watson and Harris are strikingly similar. Both cases involve Payton violations. The defendant's Fourth Amendment argument in Watson mirrors the argument that the New York Court of Appeals endorsed in Harris: the court should suppress incriminating evidence on the theory that such evidence was the fruit of a non-consensual entry into a home and illegal detention of the defendant in violation of Payton. (Defendant's Petition at P 14.) The United States Supreme Court, however, rejected this argument in Harris when it found that the police had probable cause to arrest the defendant outside of his home. This court, in turn, must reject the defendant's Fourth Amendment argument in the case at bar if we find that the police had probable cause to detain Mr. Watson.
Probable cause to arrest or significantly restrain one's freedom comparable to an arrest exists if under the totality of circumstances it was reasonable for the officer to believe the suspect committed a crime. See U.S. v. Evans, 27 F.3d 1219, 1228 (1994).
Before the police went to Bernard Watson's home on the morning of September 16, 1993, they had gathered the following information about the 1992 armored car robbery. The police had arrested one of the guards who had been on the truck the day of the robbery. That guard, Randy Ball, told the police that a man by the name of "Juice" was involved in the robbery. Randy Ball gave the police the pager number for "Juice." Subpoenaed telephone records indicated that the subscriber to that pager number was Juice Watson, who lived on South Damen in Chicago. The police confirmed that the Watson family lived at that address. The police also called the pager number. After a brief conversation, they learned that Bernard Watson was the person who returned the call. A criminal history check revealed that approximately one week after the robbery, Bernard Watson had been arrested for some reason not indicated in the record. Upon arrest, the police recovered from a vehicle purchased within a week after the robbery $ 4,500 and a cellular phone. The police learned that the cellular phone had been purchased the day of the robbery and calls were made that day in Chicago. We believe the record as a whole supports the finding of probable cause here.
In light of Harris, this court will not suppress the defendant's inculpatory oral and written statements under the Fourth Amendment. Even though the police violated Payton here, they had probable cause to detain Bernard Watson to the degree associated with an arrest on September 16, 1993. Therefore, the incriminating statements that Watson made outside of his home are admissible under the Fourth Amendment.
Next we turn to Miranda and the Fifth Amendment to determine whether the defendant's statements are admissible.
II. MIRANDA AND FIFTH AMENDMENT ISSUES
The Fifth Amendment of the United States Constitution protects individuals in criminal cases from governmental coercion that elicits self-incriminating statements. U.S. Constitution, Amendment V. To guard against abridgement of people's Fifth Amendment rights, the United States Supreme Court in Miranda v. Arizona established a prophylactic rule requiring the government to issue specific warnings to individuals subject to custodial interrogation. Moran v. Burbine, 475 U.S. 412, 420, 89 L. Ed. 2d 410, 106 S. Ct. 1135 (1986). The Court explained that custodial interrogation means questioning initiated by the government after a person is in custody or otherwise significantly deprived of his freedom. 384 U.S. at 444.
The Supreme Court has acknowledged that certain custodial interrogations by their very nature are inherently coercive. See New York v. Quarles, 467 U.S. 649, 654, 81 L. Ed. 2d 550, 104 S. Ct. 2626 (1984). Custodial interrogation generates enormous pressure on the person being questioned to speak when under other circumstances he would not do so freely. 384 U.S. at 467. Miranda requires the suppression, from the prosecution's case in chief, statements made during custodial interrogation when the government fails to inform the suspect of his rights articulated by the Miranda Court. Id. at 479.
The Supreme Court explained the relationship between Miranda and the Fifth Amendment:
The Miranda exclusionary rule . . . serves the Fifth Amendment and sweeps more broadly than the Fifth Amendment itself. It may be triggered even in the absence of a Fifth Amendment violation. The Fifth Amendment prohibits use by the prosecution in its case in chief only of compelled testimony. Failure to administer Miranda warnings creates a presumption of compulsion. Consequently, unwarned statements that are otherwise voluntary within the meaning of the Fifth Amendment must nevertheless be excluded from evidence under Miranda. Thus, in the individual case, Miranda's preventive medicine provides a remedy even to the defendant who has suffered no identifiable constitutional harm. Oregon v. Elstad, 470 U.S. 298, 306-07, 84 L. Ed. 2d 222, 105 S. Ct. 1285 (1985)(emphasis in original).
Stated simply, Miranda warnings are "not themselves rights protected by the Constitution but were instead measures to insure that the [suspect's] right against compulsory self-incrimination was protected." Michigan v. Tucker, 417 U.S. 433, 444, 41 L. Ed. 2d 182, 94 S. Ct. 2357 (1974).
Miranda does not apply in all coercive situations. Anytime the police interview someone suspected of having committed a crime the atmosphere may be coercive. The Supreme Court has stated that "police officers are not required to administer Miranda warnings to everyone whom they question. Nor is the requirement of warnings to be imposed simply because the questioning takes place in the station house, or because the questioned person is one whom the police suspect." Oregon v. Mathiason, 429 U.S. 492, 495, 50 L. Ed. 2d 714, 97 S. Ct. 711 (1977). Miranda rights are triggered when the government significantly restricts an individual's freedom as to render him "in custody" and subjects the person to interrogation. Id. Determining custody, however, is a slippery task. Elstad, supra, 470 U.S. at 309.
A. "IN CUSTODY" DETERMINATION
Recently the United States Supreme Court explained the custody standard pursuant to Miranda. Stansbury v. California, 114 S. Ct. 1526, 128 L. Ed. 2d 293 (1994). Although a court must examine all the circumstances surrounding an interrogation, the ultimate inquiry is whether the police formally arrested the suspect or restrained his movement to the degree normally associated with a formal arrest. Id. at 1529. See also California v. Beheler, 463 U.S. 1121, 1125, 77 L. Ed. 2d 1275, 103 S. Ct. 3517 (1983); Mathiason, supra, 429 U.S. at 495. The Court in Stansbury stated that the "in custody" determination depends upon the objective circumstances of the interrogation not the subjective views of the interrogating officers or the person being questioned. 114 S. Ct. at 1529:
Under Miranda "[a] policeman's unarticulated plan has no bearing on the question whether a suspect was 'in custody' at a particular time;" rather, "the only relevant inquiry is how a reasonable man in the suspect's shoes would have understood his situation. Id. quoting Berkemer v. McCarty, 468 U.S. 420, 442, 82 L. Ed. 2d 317, 104 S. Ct. 3138 (1984).
The Stansbury Court held that an officer's knowledge or beliefs if conveyed to the suspect bear on the custody issue only in so far as the effect those statements may have on how a reasonable person in the suspect's position would gauge the breadth of his freedom. 114 S. Ct. at 1530. The Court reiterated its long-held conclusion that "any inquiry into whether the interrogating officers have focused their suspicions upon the individual being questioned (assuming those suspicions remain undisclosed) is not relevant for the purposes of Miranda. Id.
This court's analysis of Miranda as applied to the instant case must focus on whether at the time Bernard Watson made the incriminating oral and written statements, the police had restrained his freedom to the degree associated with a formal arrest. This inquiry is required because the police had not formally arrested Bernard Watson prior to or during their questioning of him on September 16, 1993 for the armed robbery. This court's analysis must be determined from the perspective of how a reasonable person in Bernard Watson's position would have understood his situation. See Stansbury, supra, 114 S. Ct. at 1529. The Seventh Circuit recently reiterated an earlier holding on this issue:
"In determining whether the accused was subjected to custodial interrogation, a reviewing court should consider the totality of the circumstances. The accused's freedom to leave the scene and the purpose, place and length of interrogation are all relevant factors in making this determination. U.S. v. Jones, 21 F.3d 165, 170 (7th Cir. 1994), quoting U.S. v. Hocking, 860 F.2d 769, 773 (7th Cir. 1988).