338 F.2d 533 | D.C. Cir. | 1964
Lead Opinion
This appellant has attacked his conviction of housebreaking, robbery and assault with a dangerous weapon. It is contended that the trial judge erroneously denied the appellant’s motion to suppress his confession. The highlights developed at the hearing on that motion may be summarized as follows.
Miss Helen Dadian, a part owner of the Embassy Hotel on Sixteenth Street was in the kitchen about 12:30 P.M. on May 17, 1963 when the appellant entered. She recognized him as Tony Washington, previously employed at the hotel. She asked “What are you doing here ?” Panic-stricken by such unexpected confrontation, as he later said, the appellant tried to choke her and finally beat her with a: hammer. The appellant disappeared briefly. Presently the appellant reappeared, demanded money, and again with the hammer struck her several times.
Miss Dadian noticed that the telephone wires had been cut and called from a-window for help. Detective Boyd responded and recovered pieces of wire
On the evening of May 25, 1963, Officer Bader encountered the appellant at. a grille. The appellant testified that the-officer asked him his name and that he-responded his name was “Donald — called me James Brown, and some call me-Tony.” The officer showed him the picture, but the appellant said it was not a picture of himself. The officer asked’ the appellant if he would help “get it straightened out. I told him yes.” Officer Bader then telephoned for Officer Boyd who was in charge of the case. The-latter received the call over the radio, and in a cruiser drove to meet Officer Bader and the appellant.
Confrontation at the home of the victim’s sister was inconclusive; she was unable to identify him other than to say he looked like the man.
“The Court: Then, up to that time it was just a question of their asking you if you would come with them while they straightened the matter out; is that right?
“The Witness: Yes, sir.
*****
“Q. They were trying to establish your identity, weren’t they, who you were?
“A. That’s right.”
The officer told the appellant: “Well, the only way that we can positively identify you would be to take you to the Dunbar Hotel where your mother and father live,” and he said “Well, I don’t have a mother and father, they are both dead,” but he said, “If that’s the end of it, let’s go over there and finish it off so that I won’t be charged.”
“Before making a statement you are advised of your constitutional rights, that you do no have to make a statement, that any such statement may he used against you in the event of a trial, that any statement made by you is made of your own free will without any threats or promises being made to you; after being so informed do you wish to make a statement? Answer: Yes.”
When the officer knocked on the door and was admitted to the appellant’s mother’s rooms, she said “Sonny, what have you done?” The officer said “Is this your son?” and she said “Yes, it is.” The appellant said to her “Woman, I never seen you before in my life.” The appellant’s stepfather also identified Proctor. Thereupon, the officer informed the appellant that there was no longer any doubt in his mind that he was the right man and that he was being placed under arrest. The officer told the appellant that anything he said would be used against him.
The appellant was then taken to the precinct and turned over to the officer whose duty it is to book and search prisoners. The appellant’s wallet was produced. There were the North Carolina driver’s license in the name of Don Ameche Miller, the draft card and the unemployment card which the appellant had previously shown to the officer. Also, however, in another compartment of the wallet was a Social Security card bearing the name of Francis Theodore Proctor. The officer showed that card to the appellant who then said “Yes, I’m the guy that you’re looking for, I’m the fellow that hit that woman up on Sixteenth Street.”
The detective read to the appellant a paragraph
The trial judge denied the motion to suppress the confession.
We are satisfied that there was no ei'ror.
Affirmed.
. Her wounds having required some fifteen stitches, the victim ultimately spent 22 days in-the hospital.
. The paragraph reads as follows:
. The exact time involved did not appear at the hearing on the motion to suppress, but at the trial Detective Boyd explained that the whole procedure might have taken “10 or 15 minutes.”
Writing for a unanimous court in Jackson v. United States, 114 U.S.App.D.C. 181, 184, 313 F.2d 572, 575 (1962), Judge Edgerton pointed out:
“The critical period is that between arrest and confession. ‘Detention after a confession plainly does not affect its admissibility. United States v. Mitchell, 1944, 322 U.S. 65, 64 S.Ct. 896, 88 L. Ed. 1140.’ Metoyer v. United States, 102 U.S.App.D.C. 62, 65 n. 4, 250 F.2d 30, 33 n. 4 (1957).”
. Jackson v. United States, supra note 3; cf. Payne v. United States, 111 U.S. App.D.C. 94, 98, 294 F.2d 723, 727, cert. denied, 368 U.S. 883, 82 S.Ct. 131, 7 L.Ed.2d 83 (1961); Tillotson v. United States, 97 U.S.App.D.C. 402, 405, 231 F.2d 736, 739, cert. denied, 351 U.S. 989, 76 S.Ct. 1055, 100 L.Ed. 1502 (1956); United States v. Vita, 294 F.2d 524, 532 (2d Cir. 1961), cert. denied, 369 U.S. 823, 82 S.Ct. 837, 7 L.Ed.2d 788 (1962). And see Bailey v. United States, 117 U.S.App.D.C. -, 328 F.2d 542 (1964).
Dissenting Opinion
(dissenting).
When Proctor was booked and searched in the police station at 10:55 p. m. on Saturday, the police discovered a card with his real name on it and he spontaneously confessed. He said in substance “I’m the guy that you’re looking for who hit that woman up on 16th Sti'eet.” This confession was not written down.
Instead of being taken to a magistrate-immediately after he had been booked and had confessed, Proctor was taken upstairs to the “Detective’s room”, where-for 50 minutes one officer filled out various forms and another officer obtained and typed a second confession.
After an arrest the “next step in the proceeding is to arraign the arrested person before a judicial officer as quickly as possible so that he may be advised of his rights and so that the issue of probable cause may be promptly determined. The arrested person may, of
. When Boyd said “the whole procedure might have taken ten or fifteen minutes”, I think he was not referring, as the court suggests, to “the processing of the defendant * * * while the statement was also being taken from him”, but to the time between his oral confession at “booking” and the T)eginning of the confession that was later obtained and reduced to writing. His words “ten or fifteen minutes” were used in the following context. “Q How long after the incident that you just described which took place at the booking desk was this statement taken down in typewritten form? A Well, as soon as we got up to the Detective Office and got out to [sic] these forms and carbon paper and sat down at the typewriter and began the procedure which might have been ten or fifteen minutes.”
Boyd testified that Proctor was booked at 10:55 p. m. and then taken to the detectives’ room. Boyd was asked: “Now, approximately how long did you stay in this room?” He answered: “Approximately fifty, fifty-five minutes.” He said “the statement was completed, I believe, at * * * 11:50.” It is undisputed that Proctor had confessed orally at about 10:55 while he was being booked. The written statement was completed and time-stamped at 11:50.
. It does not purport to be a record of the earlier oral confession. It begins: “You are requested to make a statement relative to the robbery and assault that occurred at about 12:30 A.M. Friday, May 17, 1963 * * * ”