Claris Law Legal Blogging Community

Editor: Tampa Criminal Attorneys
Profession: Tampa Defense Attorneys

Category: Legal Updates

The 4th DCA has ruled that although an initial confession in a police station may have been coerced and correctly suppressed by the trial court, a subsequent statement surreptitiously taped by the police is lawfully admitted as long as the initial illegality is" sufficiently attenuated" from the second statement. Lundberg v. State

In Lundberg the suspect was brought to the police station to be questioned in regards to an attempted sexual battery and L&L charges. He was told during the interrogation that he could face the death penalty. Clearly, that level of coercion forced the trial court to suppress his statements made to the police. However, shortly after Lundberg spoke to police he requested to speak to his girlfriend. It seems that the police assured him that his statement would remain private, and later taped the conversation anyway. The court case does not describe the substance of the conversation between Mr. Lundberg and his girlfirend, or whether he mentioned the threat made by the police. The Defendant's decision to specifically request to his girlfriend seemed to weigh heavily in the Court's decision to admit the statement.