# United States v. J. B. Jordan

> Court of Appeals for the Fifth Circuit · October 27, 1977 · 557 F.2d 1081

URL: https://www.frixlaw.com/law-library/cases/9463928

## Case

- **Full name:** UNITED STATES of America, Plaintiff-Appellee, v. J. B. JORDAN, Defendant-Appellant
- **Court:** Court of Appeals for the Fifth Circuit
- **Decided:** October 27, 1977
- **Citations:** 557 F.2d 1081
- **Precedential status:** Published
- **Opinion:** Dissent by Gee
- **Judges:** Goldberg, Simpson, Gee
- **Cited by:** 14 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9463928

## Opinion text

GEE, Circuit Judge
(dissenting):
I respectfully dissent.
Officer Black stated to Jordan that he understood Jordan carried a sawed-off shotgun. In response, Jordan stated that he did but had it elsewhere. 1 Officer Black threatened to search Jordan’s car. Jordan then volunteered to get the gun. 2 Black, prudently enough, declined this offer and found it himself. 3
It may be that Officer Black threatened both to interrogate and to search Jordan. But he did neither 4 since Jordan, as has been said elsewhere in another context, forestalled him by a timely compliance. For the reasons stated in the dissent to United States v. McCain, 556 F.2d at 256 (5th Cir. 1977), I would not hold that Jordan was interrogatéd nor extend the rationale of Brewer v. Williams, supra, a sixth amendment case, to this fifth amendment problem.
. Since the judge who heard the witnesses refused to suppress the evidence and the jury found Jordan guilty, it seems clear that there have been implied findings of fact that Jordan made this admission and also volunteered to get the gun, though he denied both at trial.
. See note 1 above.
. It is worth noting, as the majority fails to make clear, that the supposed “custodial interrogation” took place while Officer Black was still sitting in his patrol car and Jordan was standing outside the window. Black left his patrol car only after Jordan volunteered to retrieve the shotgun.
. Before Jordan made the statements in question.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9463928. Public record. Not legal advice.