77 N.Y.2d 434 (1991)
Under the New York State Constitution, statements obtained following a Payton violation (warrantless arrest in a home) are inadmissible unless the taint from the illegal arrest is attenuated, offering greater protection than the Fourth Amendment.
Summary
Following a remand from the U.S. Supreme Court, the New York Court of Appeals considered whether the station house statement obtained after an illegal warrantless arrest in the defendant’s home was admissible under the New York State Constitution. The Court held that the statement was inadmissible because the causal connection between the illegal arrest and the statement was not sufficiently attenuated. New York’s strong right to counsel rule provides greater protection than the Fourth Amendment, thus requiring suppression of statements obtained after a Payton violation unless attenuated.
Facts
Police had probable cause to arrest Harris for murdering his girlfriend. However, instead of obtaining a warrant, they arrested him in his apartment, violating Payton v. New York. After his arrest, Harris made three statements: one in his apartment, one at the police station an hour later, and a third on videotape. The first and third statements were suppressed. The admissibility of the second statement, made at the station house, was at issue.
Procedural History
The trial court suppressed the first and third statements but admitted the second. The Appellate Division affirmed. The New York Court of Appeals initially reversed, suppressing the station house statement on Fourth Amendment grounds. The Supreme Court reversed, holding the statement admissible under the Fourth Amendment. The case was remanded to the New York Court of Appeals to consider the state constitutional claim.
Issue(s)
Whether the New York State Constitution requires suppression of a statement obtained at a police station following a warrantless arrest in the defendant’s home, in violation of Payton v. New York, even if the statement is admissible under the Fourth Amendment?
Holding
Yes, because the New York State Constitution provides greater protection regarding the right to counsel than the Fourth Amendment, and statements obtained following a Payton violation are inadmissible unless the taint of the illegal arrest is attenuated.
Court’s Reasoning
The Court recognized that while the Fourth Amendment and the New York State Constitution’s search and seizure clause contain similar language, the State Constitution can provide greater protection. The court employed a noninterpretive analysis, focusing on matters peculiar to New York, including the history and traditions of the state in protecting individual rights. The court emphasized New York’s unique and strong right to counsel rule, noting it is “far more expansive than the Federal counterpart.” The Court stated: “Manifestly, protection of the right to counsel has become a matter of singular concern in New York and it is appropriate that we consider the effect of Payton violations upon it.” Because New York’s criminal procedure law requires an accusatory instrument be filed before an arrest warrant can be issued, the right to counsel attaches upon issuance of the warrant. Thus, police have an incentive to violate Payton to circumvent the accused’s indelible right to counsel. The Court concluded that the connection between the illegal arrest and the station house statement was not sufficiently attenuated, considering the temporal proximity, absence of intervening circumstances, and the purpose and flagrancy of the police misconduct. Therefore, the statement was suppressed under the New York Constitution. The Court stated, “We adhere to our earlier decision, therefore, and hold that statements obtained from an accused following an arrest made in violation of Payton are not admissible under the State Constitution if they are a product of the illegality.”