{"id":4835,"date":"2011-04-14T07:09:00","date_gmt":"2010-10-31T10:35:57","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2010-10-31T10:35:57","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=4835","title":{"rendered":"AZ: When officers realized defendant was not the wanted man, they should have released him, not take him in for questioning"},"content":{"rendered":"

The defendant was detained because he looked like the suspect they wanted. When they found out he was not the right guy, they should have released him and not took him in for questioning because that violated his Fourth Amendment rights. On this record, however, this violation was harmless. State v. Kinney<\/a>, 225 Ariz. 550, 594 Ariz. Adv. Rep. 6, 241 P.3d 914 (App. 2010):<\/p>\n

P15 Here, the officers had received a tip that Balentine, for whom there was an outstanding felony arrest warrant, was at a particular address. Officers found Kinney at that location and he somewhat matched Balentine’s physical description. Based upon the totality of the circumstances, the officers had reasonable suspicion that Kinney might be Balentine and, therefore, was involved in criminal activity. Accordingly, the officers’ initial investigatory detention was permissible. See Aguirre, 130 Ariz. at 56, 633 P.2d at 1049.<\/p>\n

P16 Once the officers determined that Kinney was not Balentine, however, they no longer had reasonable suspicion that he was wanted in connection with the arrest warrant and therefore were required to end Kinney’s detention. See Teagle, 217 Ariz. 17, P 32, 170 P.3d at 275. By detaining Kinney longer than necessary to determine whether he was Balentine and continuing to question him, the officers exceeded the permissible scope of the initial investigatory detention. See id. The trial court properly suppressed the statements Kinney made at the scene after officers learned he was not Balentine. See Florida v. Royer<\/a>, 460 U.S. 491, 501 (1983) (noting “statements given during a period of illegal detention are inadmissible even though voluntarily given if they are the product of the illegal detention”); In re Maricopa County Juv. Action No. JT30243<\/a>, 186 Ariz. 213, 215-16, 218, 920 P.2d 779, 781-82, 784 (App. 1996) (confession resulting from illegal detention properly suppressed). And the court could have suppressed the statements at the station, had it been requested to do so.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

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