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Criminal Procedure keyed to Weinreb
Hayes v. Florida
Facts
The police interviewed various people including the Petitioner, Hayes (the “Petitioner”), about various crimes and the Petitioner became the prime suspect. Several burglary-rapes occurred in Punta Gorda, Florida. The police found latent fingerprints on one of the victim’s door knobs. The police also found a footprint near the same victim’s front porch. Police officers went to the Petitioner’s home to escort him to the police station for fingerprints. The Petitioner was reluctant to accompany the officers to the station and one of them then said they would arrest him. The Petitioner then said that he would rather go to the station than be arrested. The officers also seized a pair of tennis shoes in plain view from the porch. The Petitioner was taken to the police station and his fingerprints were found to match those left at the scene of the crime. The Petitioner moved to suppress the fingerprint evidence, claiming it was a fruit of an illegal detention. The trial court denied the motion. The Petitioner was convicted of burglary and sexual battery. The state court of appeals affirmed the conviction. The court refused to find consent because the threatened arrest was “at best, highly questionable.” The court also found the officers did not have probable cause to arrest the Petitioner until after they obtained his fingerprints. However, the court held “analogizing to the stop-and-frisk rule of [Terry v. Ohio], that the officers could transport petitioner to the station house and take his fingerprints on the basis of their reasonable suspicion that he was involved in the crime.” The Florida Supreme Court denied review.
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