BARRY v. NEW JERSY
454 U.S. 1017

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U.S. Supreme Court

BARRY v. NEW JERSY , 454 U.S. 1017 (1981)

454 U.S. 1017

Edward BARRY
v.
State of NEW JERSEY
No. 81-5104

Supreme Court of the United States

November 2, 1981

On petition for writ of certiorari to the Supreme Court of New Jersey.

The petition for writ of certiorari is denied.

Justice WHITE, with whom Justice BRENNAN and Justice MARSHALL join, dissenting.

The question presented in this case is whether petitioner's confession, obtained by police after he had been arrested without probable cause, held in custody for some 18 hours, and confronted with the confessions of three other participants in the crime, should have been excluded at petitioner's trial as an inadmissible fruit of an unconstitutional arrest.

On J., was robbed. Investigation revealed information sufficient for the issuance of an arrest warrant for Archie Murphy. On the evening of January 15,

Page 454 U.S. 1017 , 1018

1976, police went to an East Orange, N.J., apartment building to execute the arrest warrant for Murphy. Upon arrival, one officer saw petitioner Edward Barry standing outside the building. Recognizing him from his investigation of another robbery one year earlier, the officer arrested petitioner and gave him Miranda warnings. Murphy was arrested inside the building.

Petitioner and Murphy were first taken to the East Orange police station, then to Montclair Police Headquarters. Petitioner was transferred to the Glen Ridge jail for overnight lodging. In the early morning hours of January 16, Murphy made a statement incriminating himself and identifying petitioner as the driver of the getaway car. At midday on January 16, after petitioner had been in custody for approximately 18 hours, he was taken from Glen Ridge jail to Montclair for questioning. He was again given Miranda warnings and was told that his brother, Murphy, and another suspect had all confessed to the robbery and that he had been implicated. He was also shown the weapons used in the robbery. Confronted with these matters, petitioner gave a written statement revealing his participation in the robbery.

Petitioner was convicted. His confession was the principal evidence against him. The Appellate Division reversed, holding that petitioner's confession should have been excluded from evidence as the product of an illegal arrest. 171 N.J.Super. 543, 547-548, 410 A.2d 259, 262 (1979). The Supreme Court of New Jersey reinstated the judgment of conviction. It agreed with the lower court that the arrest was illegal because "the police at that time were without probable cause to arrest," 86 N.J. 80, 88, 429 A.2d 581, 585 (1981), but went on to determine whether the confession resulted from exploiting the illegal arrest or instead was the product of petitioner's free will, the taint of the illegal arrest having been removed. The court held that the intervening circumstances, including Murphy's confession and the recov- [454 U.S. 1017 , 1019]


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