State v. Beck
Decision Date | 28 October 1980 |
Docket Number | No. 80-420,80-420 |
Citation | 390 So.2d 748 |
Parties | The STATE of Florida, Appellant, v. Allen BECK, Appellee. |
Court | Florida District Court of Appeals |
Janet Reno, State's Atty. and Neil Karadbil, Asst. State's Atty., for appellant.
Bennett H. Brummer, Public Defender and Robert R. Schrank, Asst. Public Defender, for appellee.
Before HENDRY, SCHWARTZ and NESBITT, JJ.
The state appeals from an order suppressing the defendant's four confessions to the crime of arson. It was undisputed that Beck had been given his Miranda warnings on several occasions before he confessed and that he had not been abused or overborne in any way. The basis of the ruling below, however, was that the confessions were the product of "implied promises" of psychiatric help and assistance. We reverse.
Since Beck prevailed, the record must be viewed in the light most favorable to him. 1 Even doing so, we find nothing to support the order under review. The trial judge-and the defendant on appeal-have relied on two statements made to Beck during the course of his multiple confessions. The first was by a polygraph examiner, George Slattery, before Beck made his initial admission. Beck asked Slattery, in an apparently hypothetical fashion, "what would happen to someone if they had set the fires ... if they were sick ?" According to the defendant, Slattery answered as follows:
The other alleged promise was by an investigating officer, Sgt. Wagner, between the third and fourth confessions. 2 On that occasion, he told Beck that "I would ask for (a psychiatric evaluation) if that's what he wanted and he said he did."
We hold that neither Slattery's nor Wagner's assurances to Beck constitute a basis for vitiating the confessions. This is the case because, even if the remarks may be considered as containing "promises" to the defendant, neither was made as a means of inducing or in return for the confessions which followed. In other words, Slattery and Wagner pointedly did not say that, if Beck confessed, they would get him help or a psychiatric evaluation; they said that they would do so if "someone" were sick, in the first instance, or if Beck desired it, in the second. It is established law that a
confession should be excluded if the attending circumstances, or the declarations of those present at the making of the confession, are calculated to delude the prisoner as to his true position, or to exert improper and undue influence over his mind. (emphasis supplied)
Frazier v. State, 107 So.2d 16, 21 (Fla.1958). See also, Blatch v. State, 389 So.2d 669 (Fla. 3d DCA 1980). There is nothing in either remark made to Beck which qualifies under this rule. To the contrary, it is well-settled that non-particularized comments such as these concerning medical or psychiatric assistance which may be provided to the defendant do not result in the exclusion of a confession, so long as the aid is not offered in return for a consequent statement. DeCastro v. State, 359 So.2d 551, 552 (Fla. 3d DCA 1978) ; Wade v. State, 204 So.2d 235 (Fla. 2d DCA 1967); see, State v. Jones, 26 Ariz.App. 66, 546 P.2d 43 (1976); State v. Creekmore, 208 Kan. 933, 495 P.2d 96 (1972); People v. White, 63 A.D.2d 752, 404 N.Y.S.2d 894 (1978); cf. Presnell v. State, 241 Ga. 49, 243 S.E.2d 496 (1978), rev'd on other grounds, 439 U.S. 14, 99 S.Ct. 235, 58 L.Ed.2d 207 (1978); State v. Miller, 76 N.J. 392, 388 A.2d 218 (1978); Townes v. Commonwealth, 214 Va. 683, 204 S.E.2d 269 (1974); contra, Tatum v. State, 585 S.W.2d 957 (Ark.1979). The recent case of Slaten v. State, 367 So.2d 562 (Ala.Cr.App.1978), writ denied, 367 So.2d 569 (Ala.1979), is precisely on point. At 367 So.2d 565-66, the court held:
(T)he only thing said by (the officer) that could be construed as an offer or promise to help pertained to his statement to the effect that he would ask or tell Mr. Bill Thornton of the Mental Health Department to confer with defendant. We are convinced that his statement to defendant did not constitute any offer or promise conditioned upon the incriminating statement or confession. We have no reason to discount the following in his testimony:
This case is thus in sharp and decisive contrast with those cited by the defendant, e. g., Lawton v. State, 152 Fla. 821, 13 So.2d 211 (1943); Fillinger v. State, 349 So.2d 714 (Fla. 2d DCA 1977), cert. denied, 374 So.2d 101 (Fla.1979), in all of which the...
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