Supreme Court of the United States
Kaupp v. Texas
May 5, 2003538 U.S. 626
Summary
In a per curiam opinion, the Court held that police arrested Kaupp when they awakened him at approximately 3 a.m., handcuffed him, and transported him involuntarily for questioning. His response of “Okay” did not establish consent, and neither routine handcuffing practices nor his failure to resist changed the objective character of the seizure. Because the State did not claim probable cause, the arrest was unlawful. His resulting confession must be suppressed unless the State establishes sufficient attenuation; Miranda warnings alone did not establish that the taint had dissipated. The Court vacated the State Court of Appeals’ judgment and remanded for further proceedings. No separate opinions were included.
Holding
- Whether Kaupp’s removal from his home and transportation for questioning constituted an arrest rather than a consensual encounter.. Kaupp was arrested before questioning, and the arrest was unlawful because the State did not claim probable cause.
- Whether Kaupp’s confession was sufficiently attenuated from his unlawful arrest to be admissible.. The confession must be suppressed unless, on remand, the State identifies additional evidence sufficient to establish that the confession was an act of free will purging the taint of the unlawful arrest.
Docket 02-5636
Cited by
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- Thomas v. Creuzot
- Prosper v. Fredrickson
- Lopera v. Town of Coventry
- United States of America v. Maxx Noble, Defendant
- United States of America, Appellee v. Cecilio Mercedes-De La Cruz, Defendant, Appellant
- Brian Fernández-Salicrup
- Peter Alfano, Plaintiff, Appellant v. Thomas Lynch, Defendant, Appellee