68 N.Y.2d 951 (1986)
When a confession follows an illegal arrest, it is admissible only if the prosecution proves the confession was attenuated from the illegal arrest by intervening events, considering temporal proximity, intervening circumstances, and the purpose and flagrancy of the misconduct.
Summary
Harris was arrested at his home without a warrant for assault. After being given Miranda warnings, he was taken to the police station. After two hours alone, he was questioned and confessed to the shooting, claiming it was accidental. He sought to suppress the statement. The New York Court of Appeals held that while the arrest was illegal under Payton v. New York, the confession was admissible because it was sufficiently attenuated from the illegal arrest. The court emphasized the extensive findings by the hearing court, including the multiple advisements of Miranda rights, the two-hour period of isolation before questioning, and the proper conduct of the police throughout the custody period. The court found that the lower courts’ finding of attenuation had support in the record and was thus beyond their power to review.
Facts
Defendant was arrested at his home on November 18, 1980, without a warrant, and charged with first-degree assault for shooting Thelma Barnes. The arrest was based on probable cause. After the arrest, he was given Miranda warnings in a police vehicle and taken to headquarters, where he remained alone for two hours. He was then questioned for an hour and admitted to the shooting, claiming it was accidental. The police prepared a written statement, which he signed.
Procedural History
Harris moved to suppress his post-arrest statements. The hearing court denied the motion, initially holding the arrest lawful because Payton v. New York was not retroactive, and alternatively, that any illegality was attenuated. Harris was convicted at trial. The Appellate Division affirmed, acknowledging the Supreme Court’s retroactive application of Payton, but agreed with the attenuation finding.
Issue(s)
Whether statements made following a warrantless and thus illegal arrest in the home are admissible, or whether they must be suppressed as the fruit of the illegal arrest.
Holding
No, the statements are admissible because the connection between the illegal arrest and the confession was sufficiently attenuated by intervening circumstances, including the administration of Miranda warnings, a significant time lapse, and proper police conduct.
Court’s Reasoning
The court relied on the principle that when a defendant challenges statements as the product of an illegal arrest, the prosecution must show the statements were acquired by means sufficiently distinguishable to purge the illegality. This determination considers the temporal proximity of the arrest and confession, intervening circumstances, and the purpose and flagrancy of the misconduct.
While Miranda warnings are important, they are not conclusive. The court highlighted the hearing court’s findings: Harris was advised of his rights twice, waived them, was alone for two hours before questioning, questioning was intermittent, the statement was partly exculpatory, and police conduct was proper. The court quoted People v Johnson, 66 NY2d 398, 407: That determination requires consideration of the temporal proximity of the arrest and the confession, the presence of intervening circumstances and, particularly, the purpose and flagrancy of the official misconduct.
The court deferred to the finding of attenuation made by the courts below, noting that this presented a mixed question of law and fact, and because the finding was supported by the record, it was beyond their power to review. The court emphasized the original legality of the arrest, which later became illegal due to a subsequent Supreme Court decision, as a factor contributing to the attenuation. The court analogized to People v Graham, 90 AD2d 198, 202, emphasizing the act of free will in making the statement, unaffected by the subsequent change in the law.