Appendix — Palmore v. United States

Supreme Court brief1973

Ask Donna

What actually matters in this document.

Text

* Soupeme Court at the dne states

Ooronm Tun, 1972

No, 72-11

Rooszvart F. PaLmons, APPELLANT,

Usrrep Srarns or Ammon, APPELLEB.

on APPEAL FROM THE DISTRICT OF COLUMBIA

33 COURT OF APPEALS

INDEX

Page

ee MC 1

FFF 2

» of Prior Convietion eee, cesses 8

ms nt’s Motion to Diamiss Indictment (excerpts) anaes 4

endar Motion to Suppress Evidence ...............-

yer of trial by jury ...... —A casi seceveccocss 6

of the hearing on defendant’s motion to suppress

ee, and the trial, March 81, 197711. 7

JJ oc Seca / 49

gment of the Superior Court of the District of Columbia.. 50

0 — Biekcit at Cena Court ot

CCC 51

» of the District of Columbia Court of Appeals . 52

at of the District of Columbia Court of Appeals .. 69

ie of appeal to the Supreme Court of the United States... 70

ler of the District of Columbis Court of Appeals staying

ssmittal of the mandate .............---eeeceeeeeees 71

8 n of the question of jurisdiction ............ 72

Ere fe dene, man.

before trial. Motions denied.

oe as to substance | of,

trial testimony filed herein.

Judgment guilty. Continued to

4-27-71 at 10:00 o’clock a.m. for

sentencing. Defendant referred

to Probation Office for a pre-

sentence screening report.

$2400.00 bond remains, defend-

ant advised fully of penalties. MDK

. 27, 71 2-6 years. Defendant will serve

6 months. Execution of re-

mainder sentence suspended.

Probation—Six(6). Defendant

committed w/o bond pending

appeal. Committed.

Bi M y 4,71 Notice of appeal filed.

ues A torus (aj Snir

* Pf) 2 to” Aas i

Be; Poona A. Lan

1555 f N the United States in

22 1 OD eee g e Columbia

5e not!

[Signatures Omitted]

; — . ee we. .

‘oral |

it Jurisdit „ pm. eee!

Wine yore 4 den ia pe

ct elk & l 85 e ange, we ma

Leia eta stg. e b nm

Hr e a ain , ac en, 05 okt to maint

ai dn Bene ns svoda.ods te ee

g eee * N ae vat! WSs

gaol sa mun € 101 knut (ati nd

Bigot NOT BL tre reyes

bye: 5 sla

1 5

Photdi’s biggi]

Fass GREE

[Caption’ Omitted) —

Mor 20 Stennis Erman

ot eas and 41 (x) of the Criminal

respectfully moves the

g as evidence a pistol al-

annem: piae sarap

rt’ en int to the Constitution in that:

ig of defendan mt’s automobile for the purpose

ee spot check constituted an arrest

€ ‘withou obable cause in violation of the

sfendant’s ‘of

‘iio, spot check constituted 1 a

detaining of the defendant, the police officers

: Pe Nn 3 by

0 it possessed a operator’s re

g the detention into an arrest of defendant with-

e cause in violation of the Fourth j

1 search of defendant’s automobile, a iin dry

etna ach rnd ur Pre

ch warrant, in violation endant’s right

| unreasonable searches

noun of this motion, defendant respectfully refers

to his memorandum of points and authorities

i and served herewith. In further support of this

„ defendant requests an evidentiary hearing.

23 no oper .

entered suppressing as evi ence a pistol allegedly

b from defendant’s automobile on or about January

1971, and any oral testimony relating or referring to

pinta frente arvering econ

[Signature Omitted]

* i

‘

Ee :

tak

— ne

e mene Foes ˖

eee Tae 2% beset gk fates of

8 od. to defendant's waiver

b United States consents, to defendant's: 5

jar N. 3 b ae)

I tae Scupzeion Counr or 1 Disraicr or Conumsia

Prooeedings March 81, 1972

{3].. TI Drrurr Crank: Your Honor, the matter on the

ealendar this morning is the case of United States versus

Roosevelt Palmore. Mr, Flegal. Mr. King for the govern-

* u. FLNdAL: The defenddnt is ready, Your Honor.

Ms. Kine: The government is ready, Your Honor.

xe Court: Are you Mr. Palmore

Me. Patmos: Yes, I am,

Tun Cover: Will you look at this paper, please, sir, and

me whether that’s your signature on there?

fxs Court: Stand up, please, sir.

) Pi know what that paper is, Mr. Palmore?

Mn. Patmone: Tes. It’s a waiver of jury.

fee Cour: You understand, sir, that under the Con-

hon you have a right to a trial by a jury if you want

de. Partonn: Right. 3

is Court: By this paper you say that you want to

up that right, to waive your right to a jury trial. Is

t what you want?

‘Ma. Pon: Yes, sir.

is Courr: You have discussed this with Mr. Flegal?

Pauens: Yes, I have.

fas Covet: And you understand fully what you are

4} doing, and what your rights are?

MI. Patwonz: Yes.

* Court: How old are you, sir?

MX. Patsons: Thirty-four.

Tu Cover: And how far did you go in school?

‘Mz. Palatonn: To the tenth.

fn. Pataconn: No, sir. +

: And this is what you want!

n: Tes.

aents on motion to dismiss indictment on Consti-

but are not transcribed herein.] .

a **

19 [MO

TE ee that the Court of Appeals in

Tun Cover: eon the e to use

‘the eee dock hn, ia; not. determinative of

Hi kn own n that all appellate

Dag nden gr

8 Dongre

receipts

ters t

: ee

lar’ States and the acceptance of Congress, become the

eat of. the government of the United States.

They have italicised the words exclusive legislation in

tilcaseswhatecever, -

That delegation is sweeping and inclusive in character,

the end that Congress may legislate within the District

rict.of Columbia there is no division of legislative powers

Weh as exists between the federal and state governments.

stead there is a consolidation thereof, which includes

thin its breadth all proper powers of legislation. Subject

nly to those prohibitions of the Constitution which act

EArestly or by implication upon the federal government,“

1 don’t think that applies here—‘‘Congress possesses full

aud unlimited jurisdiction to provide for the general wel-

4 far of citizens within the District of Columbia by any

‘Wand every act of legislation which it may deem conducive

wat end. In fact,“ —and this is important—“In fact,

hen it legislates for the District, Congress acts as a

alature of national character, exercising complete legis-

ive control [7] as contrasted with the limited power of

Now, in a footnote we find these citations and statements,

" U.S. at Page 371, holding the Fourteenth Amendment

wee

‘aS

Pha eae ee * foi’

Rights in Amendments One to Eight against encroachment

the na

+ District, al not to the states, thus the provisions of

he Fourth Amendment are not applicable to the states, and

Wey eite cases. The Fifth Amendment requires that a

e Ne RL LIN EL RAE GIO ITUNES ID

pardy is prohibited in cases of crimes committed

ae District—and then they cite a case—but a like

PProhibition does not apply to state action—and citing Caline

einst Wilson in 127 U.S.—it was held that under the

ixth Amendment one charged with a crime in the District

Sig £8

ere 2

akk

Titec — —

ö dist n. Heving in mind what I read

1¹

nu of this act enacted by Congress for the District

. Frag ae Honor, the third motion before

mr Honor—the third motion, the second issue before

yar Hono aie morning 1 defendant’s motion to

80 8 evidence

3 a

‘May I also ask for the invocation of the rule on witnesses

1 this motion! I notice some witnesses from both sides

4 Covnr: Yes. All witnesses on both sides will retire

to th . room until called, for the government and

R. : On the g on the motion to suppress,

Hasch, the defendant | take the stand as the de-

first witness.

phically reported, but is not transcribed herein.]

Tine: att The defendant calls Liltign, Payne to the

of Miss Lillian Payne was

he lestinony of Misa Lilian Payne was stenograph

gf sseis Your Honor, the defendant will rest.

sine Court: Does the government offer any evidence?

A Yes, Your Honor. nee

ee bat K W

bree .

re sworn, unn

sd and testi- [12] fied as follows:

. Dimsor examratiox

a By. Ma Nie:

3 :

d oner, please, in 8 loud, clear, voice, state your ful

sting your dene to about ban pam, aa yu

alen to male an arrest:

e Wo topped bee 2

A Northwest. Where

Florida Avenusf

Sas te

8 Where nk hee is—T Street

8 17

ree es with Florida, “here e a drive fike, Or an island

p whe: ame

W. ree and Florida ‘Avenue

eee e i

Torida Avenue runs N northwest. They sone

int there, do they not? |

* Tx 8 Tes, sir, "They ntertett ficht in the

Ste : Whe point Lm making is that to go west on

Nori ae Aven en d e east on T Beet you

Fabi . ds you not!? ;

TTNESS Yen Yer our Honor.

ver: All rig ue

| . es ——

eg Wie: ‘Ofticer, you stated that this was a 1 Virginia

2 cart gos

Ye it was. ne

ot von n how you knew it was a vie

A Be “of the Virginia rental tags are—the tag

umbe was 87311. Virginia rental tags are all in that—

3 hey start at 70000, and then there is a

ti ee, e haan

* three numbers.

do they differ from other Virginia tags!

12 regular Virginia tags are proceeded by Geer

d then have six numbers, or they just have six. num-

Feber or six numbers?

b 8 1 il possible nec o have Se digits’ and not be

: an

2 . .

oA b This would just be lower tag numbers that are not

1c ded in the 70000 up to 99000 series, but

Be Holl then: mond lioenen tag 42-200, monld that be

I Mo, f weal aot,

Q. Now, you said the automobile turned ‘onto Florida

me. And what did you do?

LM PENT eee eee

;

> dé

;

: he ge nig aides

; Has a grey suit, and a

Tri naa Vermontt

sid de

leds 85. oa e 1 Nr. it's still

oe 2 42 iw Ae b re 5 :

* ee ee hey wt

1 2. sak at with respect to Mr. Palmore’s car,

nner

„Now, ‘Officer Busker, I want you to explain what your

mer, Officer Morrissette did the stopping of your

f “Officer Morrissette got but f the car—our car at the

eee tae ba walled from our eax up fo the right

: of Mr. Palmore’s car.

— eee ae

—. e at tha’ time.

. NN equipment, if any, did Officer Morrissette have

A een wit tami

Q. Now, would you explain, please, to His Honor, the

tesult of your meeting Mr. Palmore next to his car, and

ly discussions that you might have had with him

A. Yes. I asked Mr. Palmore for his driver’s license, his

permit, and the rental agreément to the vehicle.

. And did he produce the driver’s license?

Yes, he did.

. And did he— where was the driver's license? Was

on his person at that time? 5

5 N 51

he produos that to you at that point?

Tes, he did.

You also asked him for the rental agreement; is that

ip es, Sir.

52 737 specify rental agreement?

7 2 3 request

a He did not have—not at that time, no.

Be Be ee ee

Va eee.

7 .

Beer Dh i he deen gv ear

ee r

gerne!

that came ‘ee ner ‘We

i that we had the car.

‘They came

asa N bes 5 agree-

8 on; : The

* to ra 5 voir dite for i

sete i OF

emined from looking at the rental agreement. I’m not

fering the rental agreement as proof that the car was

werdne ; I am only inquiring as to the rental agreement 80

e gan determine what the offioer— .

u we're about to get into is the question of what the

er did thereafter, and whether or not it was reasonable,

add for these purposes hearsay is admissible, even if it

deu 't true, if the officer shw something and believed it, I

nea: ne the same situation as if an officer made an

rest tor

t believing that a felony had been committed on the

rt to hi e that a felony had been

annmitted. Even if the person had given him false infor-

tion, if the officer heard it, and believed it he may testify

that as explanatory of his actions. On that basis I will

i. Kot Thank you, Your Honor.

e By Mn Kowa:

1] C. Officer, I show you what has been marked as

Pvernment 's Mxhibit 1 for identification, and ask you

whether that is familiar to yout

N. How is it familiar to you?

4. This is a rental agreement from Avis, given to cus-

‘) tomers that rent cars from Avis.

L. Now, is that the same piece of paper that Mr. Palmore

5 ' |

X. Tes, I believe it is. Maybe. The other one might have

copy I got. :

not the exact same piece of paper that he gave

f" *

4 KY 75

Tn dent not be. eats

But is that a copy, as best you can determine, of the

piece of paper that Mr. Palmore gave yout

| . Now, the piece of paper that you saw, I believe you

zaid it was pink, did it, as far as you can recall, in any way

83 than rarer 19th u the termination

1 . f

e eee e ee n

0 e wad Em the cht

if ar did he do then?

1 sette then enme around from the pas-

pede the front of the car to the driver’s

nd lifted up the armrest, and pulled out the gun.

i bee pen nee, te e eee nets te Sen!

A ne Over to the armrest.

PPP

Tree

0 Thank

von. om have nothing further, 1 Your li

Ubi l 1012 1 4 65

st to make nen. PF ees

lave you shone sir?

} officer of 8.0. b. our Heutenant, and

; N72 Ot

1 wight 8.0 P. is Special Operations Division?

es, it is,

, Ay aid Your commpusiing oer vf 80 b. give

rwe Officer 1

What instructions did he give you! N

AL e

epee :

No bet amount.

tated foi. any basis, any instructions, as to who

eee

select, Office

. r

Tor. given time it varios I don’t select anyone on

How many spot checks do you make in an average—

23 r

shit ot duty |.

depends on the area I’m working,

yea tied hatte Le it and Florida

out ermon

say ART ad you tne er ore ür

1 rT

} en as ahh

2 a bet because ‘working old clothes,

ak ‘we were

cove mee

. redet

. a ¢ Ten.

i¥

Dae

* bern f ‘ha tt

gz, 2 Wher a you aside. ma check of Mi,

1 2 y When e rst Nas er :

9 W iiss’ 6 the

Fe ont arg are » ail

: p-A.T baieve when it made the left off T onto Florida

org’ it eal I fraed on the tod ight

5 f * before it stopped :

a — — a

Half, three-quarters of a blockt Something like that?

‘Court ! That's abo about two blocks, three blocks.

Did you ever receive any instructions from S. O. D. or

one else, Officer, concerning rental car inspections?

How do you mean :

Q. I understood you had two grounds for this stop; a

g Siege for operator’s permit, and because it was a

Bie .

Did P

rental cars 7

e e No.

Why do you stop and inspect rental cars!

2 a

1 S before, a lot of these cars are

| ted, and are not taken back on time, and on other ocea-

| T have pe known where an officer stopped a

about $6,000 worth of dope out of the car.

2 — F

= Tn Wes; Tes, sir.

In. Na:

4 . t get $6,000

; ane of dope out of the ear, Officer? you migh

* .

e e

Tor taste ais cca

low long have you

a) ale On *

5 Ter ove rare

32 3

N ee

2 Se

2 ei Offic: 4 5 ete at

Va athe i fer ah ité 1 i so ox Th: 8 }

eular p. beo l don’t know. He

1 with me tl that nig nt.

at Sgn rr

11 . . ant Dip net Wort bt

Worked together ae but I

any at did th he other ae ta ae

8 ht eee Bie: when he

enen

2 fae 60% TO ne

eliev r ee

bon <Q. Do von recall, Officer, whether the front door

; — d eper or closed after he came back with the rental

ax Ibdlieveit was open, I'm not sure:

J — sonia} agreement, diayen

long did that conversation take place, Officer?

ag ant Seer em

¥ eee do wha

ar e, do you know t

oer Morrissette was doing?

I no ‘he was on the other side of the car. I don’t

0 wnat he was doing. I couldn’t see him.

Did you ever see Officer Morrissette before he said

a gui in the cart ,

Yes.

-Q, Did you. ever see Officer Morrissette on the driver's

ide of the car?

. 570d until after he had said there was a gun in the

Dia you ever see "Officer Morrissette before he said

me gen fo De car, Sen SE

A. NO...

Did Officer Morrissette ever open the trunk of that

0 Not to my knowledge.

I show you Government’s Exhibit 1 for iden-

6 Nee

12 6.5 i agreement that ar dat | there when dee

efendant’s copy agreement, other

„the identification sticker?

b Bese eying tnt was ot eet

ou. e Ra tis up here was there.

a 1 to a red line at the upper ere cor-

Sate l

. }

¢'

A don't believe sk ays car e by ft

. ol was th : eee eee 5

dd wan amped

sith FS S

ag 22 — le lower aft hand ormart

K a

8 ** W Ns

. Eee me. 15 was it getting

lber was reconvenedat approximately 1:45 p.

Tus Cover: You may proceed, sir.

@ Darory Curex: ene een Ofer

‘Officer Busker, wid 5 you have occasion to make a spot

sagen an out of state vehicle that is not a rental vehicle,

Driver's license, registration.

And why 1 you looking for registration of an out

— ’

ey To sow ownership of the car. :

A And why are you looking for ownership of the car,

185 A t tg en press that it's his car.

Q. Do you make any distinction, Officer, between a spot

shec and a traffic check?

noe nee eee Sean ta, as far as you are concerned?

een

‘ofa tion permit, what are you looking fort

_A rental agreement.

‘Why are you looking for that, sirt

. ‘To show that the driver has got the rental agreement,

ause they don’t issue registrations.

Why are yon looking to se why the Griver has «

> make.sure that the car is net overdue.

ar Are you looking to make sure that it's not

A 5 it's supposed to be due back at a certain

é 728 and it should be back at that time.

And ‘why are you concerned 2 whether or not the

ntal car is returned, sir? 4

;

2 eee

seit tioning io yeas ‘ain’ 8

1 b zr ‘Bot, dow't nere oo,

eee +4,

‘4

y ed es it if pat re-

eben Eser dessen anytime afar the

& r 5s ewes ¢ eh

a 8 Idon't now.

Oa +

Officer, do you kno i the gun was found inside

ecart

A. Only from what Officer Morrissette told me, yes.

. Do you know how far the gun was from the defendant

wen it was fond?

aes. eee er Morrissette anid 1 enn take a

ls] guess, ves.

oe EQ’ What would that e eir 5

. It would be the distance from the armrest, which was

2 own in the middle of the seat, to the rear of the front door

where Mr. Palmore and I weré standing.

aie: And what would that be, sir?

eh Te would probably be two or three feet.

1 “Do you remember being asked that question at the

reli ry hearing, Officer?

. No T don't :

8 5 Let me show you Page Number 6 of your preliminary

e and ask you if that refreshes your recol-

. . = is your N

AI. That a question there was how far the defendant was

from the gun when I seized him. I believe that was the

question. I said six inches toa foot.

. The question is approximately how far would you say

weapon was ee vee you seized him, and you said

: inches to a foot? |

A. Tes.

. And to Wat did you pice? reference at that time, sir?

A. I don’t recall. I don't know what I was referring to.

Did you lock at the armrest of this ear, Officer,

188] yourself? Did you et 2

A. Yea; Tdid. |

3 Q. Can you 3 tor His Honor approximately how

; Sogn the armrest is?

I probably six to eight inches wide.

Nr ASS BORG ee ee

"And what poition waa un then

+ Qe Doyen know bon it got mp? 91

Fb eee pashedt wp. 6

am after he got the gun. don’t know.

— “understood. it, at: that point 2 Officer

Morrissette said to yon, I see a gun

A. No, Ldon’t believe it was. No.

All richt. At that point was the defendant free to go

75 n If he would have stated, I

I dont want to show you my rental agreement, and

n 1

Did vou ever hear Officer Busker say to you, ‘I told

car Was a good case, or a good bust /

"Ae fam Ofer Buster

Im sorry. Officer Morrissette. Did Officer Morrissette

aes Jom ohne hm 6461 told you a

apm ee eyed 2

2 4 . nowy 0

2 We er him sy thatt

pi a observed the defendant’s car, 0

started to make your traffio check, did you say anything

„Eee ri. while, you were together in the car!

Imi t ede eee

1d] e

d anything to the other police car that was parked when

ba first saw the car, or did you signal to that ear

40] A. I think we had footman’s radios that night, and

e might have said over the radio we were going to stop

this car, yes. W

Do yon recall whether they said anything back in

response to that communication t

125 They might have, said okay, we'll assist, or we

. Is it usual for yon to have assistance on making a

AI don't know what a routine traffic check is.

. L don't either. Let's take out the word routine. Is it

wal for you to have assistance in making a traffic check?

I If another car is in the area they will drive by or

rental agreement check i

A. H another car is in the area, or if they hear the

Wen the defendant stopped his car and you pulled

5 _ you say anything to Officer

- Morrissette, or did he say anything (0 you as you both

proceeded to get out of the car?

A. No, sir. I don’t believe so.

Q. At any time after you first saw the defendant, and

a1] until Officer Morrissette said, I have found a gun,”

+ save possibly for your statement, We're going to stop

~ that car,“ do you recall saying anything to Officer Morris-

_ sete, or he to yout

A. Idon’t remember.

Un. FL: I have no further questions, Your Honor.

IT Covsr: Anything further :

M. Kina: No. I have nothing further, Your Honor.

Tun Cobnr: You may step down.

Mn. Kro: I call Officer Morrissette, Your Honor. :

Your Honor, before we get started may I pass this gun

the bailiff to make sure it’s cleared? I’m certain that it

but I just wanted to double check.

‘Tux Court: Well, let the other officer check it.

having been called as a witness on behalf of the government,

. ay irn

N s

n ü

erer pre ee and

een Hs K 1 git ws

; ie ia 22 ai i

: d 1 . ged tc to » Special one. een Work-

a sunt ‘duty on that datei . et

Pere you on, duty at about 5005 Pam. on that datet

Sétrol, or in Ta vehicle?

in a erniser. It was unmarked.

0 Did: you Tae en that evening to make an arrest?

& Weal you rate to Bis Hoan, pause, th a.

won rom *

i: und 900 pm, 9:8, ro wore siting in

‘ aggre cbelieve it was the 600 block of T

. By r Busker noticed a

us. It had one occupant in it.

ee eee on

2255 L 8. on U n

vonne.

f . that Officer Busker

“mit ‘using u siren. And at that

_ Now, let take you to the point where the two cars

oi ir, the oar that we were—the rental ear was in front

9, And the cars were parked on the side!

4 Lean't 't recall, sir.

N. Now, when the care stopped, would you dae please

n Svs ye

What he did.

„Well, when we. stopped the car—can I start with what

soni ried ee

7 When th stopped, Officer Busker and myself, we

4 1 Now, I want you to confine yourself to what you

{44} did when you got out?

A. What I did when I got ont. I went to the passenger’s

0. Now, did you walk directly to the passenger’s side?

A. Yes, sir; I did.

Q. Now, where did Officer Busker go?

4 Officer Busker approached the driver—driver’s side

e N

ape

5 Q. And where was Mr. Palmore at this time?

75 en enema oh Hie eae I’m not

Wen, where were he and Officer Busker? On which

ente cart é

They were on the driver's side.

And which side of the car were you on!

A. I vas on the passenger’s side.

Now, did you go to the driver's side before you went

to the passenger’s side?

A. No, sir; I did not. )

. You walked directly to the passenger’s side!

X Yes, sir.

22 And you got out of the passenger’s side of your car;

is that oorreot !

That 's correct. fy

ay Now, after you arrived on the driver’s side of the \

14 car, what, if anything, did you do-

td bin a y v. 75

0 ede. tier Hi Hj

1 ei tir ony tat you wos rogue on if ys

BA hoe ae

ximate! ee eee cin the

om when you saw it?

gry . The passenger’s door.

e aclight onto the front seat?

sh gm Yount N

ee the trigger the hammer mechanism.

e ae eus that be seen as well?

. ’ : No. sir. ,

de ud e Kawa. somes: e 6

e 3

Ivsign ‘my partner, ‘nee tite teen

Moar u

ie tein peay that ta him ** th,

e eee eee ee

0 to get back in.

And where wes Mr. Palmore and Officer Busker at

ee dose, Both: of

11 re

1 e te a the doof and Mr. Palmore. I slipped in

ip ; the door, lifted up the center fold armrest, and

| 0 Ts that what yon recovered? Was that the same thing

a mee.

4 2, and ank you if you can identify it?

1 Yes, sir; Lean.

0 And have yon seen that weapon before?

A. Yes, sir.

14 Where have you seen that before?

; Sir, that was sitting in the under the center fold arm-

15 "reat in the vehicle that we stopped.

.. Is that the same weapon that you recovered from the

a - vehicle?

A. Yes,

Bez 21 — ‘you what has 1 marked as Government’s

& Exhibit 2-A for identification, and ask you if you can iden-

we 8

oe 0 — please

A It a clip to the .45 automatic.

2 . Now, when you recovered the gun, was that clip

wer 7

A. Yes, sir; it was.

Now, Officer, can you estimate, . —9—⁊—?—2Nͤ

tar the gun was from where Mr. Palmore had been

in the front seat 7

oper ‘Tt was like when you're sitting in a chair, it would be

ie armrest of the chair.

2 all enn you estimate in inches how far it would have

been from him!

i 4. I would say with arm’s reach, A foot,

About a foot you say?

eee gere eee re ede

ar 7 Sr ent * ise N

*'Q. Not, wad this gunsubséqtiently test fired? “9

. ‘Yes, sir; it was. eek anit}

Present when enten ais

A. Tes, Iwas. ow ENP

@ What was the eee, gr |

rwe sie gre ame dees nile tener

oh mein wait tater e af DD

By . Pegg? siete cient eis oot

— bar,

140 did Officer Bushber ay anything to von, or did you say

. you were parked in front ot the pool-

hall, Fate you aid va wn you mahi cart

A. That s correct.

Q Did you or Officer Basker éxchange werds:

C Seen Basher, he identified it ax being a rental ear.

» Q -Histold you it was arentaboart : :

PERRY vee fas? aon how sans

" Q Did he say anything else to; 1

A. Not that I can remember. 28

X A ear! „

Q. Yee, den Basker had telé you it was a rental car

A. That's correct. 5

8 ‘aids: attach to that

* mee — bea ye om.

are rental cars that are overdue bean being

into the station. ee

f that? Hf HOT BES cenit 1 ,

2 Right. Did you have such 6 sheet with you that night,

; 2 recall; air.

d =: Odder Busker dee, as ‘I understand it? |

A. That's correct.

Wuen he started to follow the Fehicle what dia you

think he was doing?

N F spot check the vehicle.

Shs check, sir?

8 wg it's St 0 you pull over a vehicle just to find out

at the driver i is the owner of that vehicle, or if the driver

has or has not a driver's license. You check on the stolen,

und you also check on the W. A. L. E. S., which is to see if it

‘has any parking violations out on it.

Q. Tdidn’t—you check on a

A. It's called W.A-LES. ae Area Law En-

Thank yo sir, Did you ever. receive any instructions,

_ Officer Morrissette, as to making spot checks, either written

AGA) OF OMIT Fo! Fg) ehh

& Oh, yes. Yes, sir.

N. How many times!

5 8 Loouldnꝰt give you numbers. It’s been said at roll call.

Q. Did you ever see any written instructions on spot

3 2 no. They have issued us sheets

Sans Say sie Gowns Vee onsttre itr diet: We have

that has spaces for information that the department

‘would like to have the name, the address

Goins paces the ‘color of the vehicle, the tag num-

ber, the driver's dene number, and the color, the number

ofoccupantsinit.. ..

Anything else? fa { 1

“he year, dom Tid he mame ofthe driver and

8 5 8 i Rit ; ANY SS

Wh coda eee ties

i Wee ion red wan working—that was 2:0 to

tel eg l *

we Aapprosimataly 8:00 pan. in the evening

pee piace!

ca —

+ eyo recall making bape cack—rore ou o

duty | he da ae N 4 incident? : i 105

g * are. t

* 5

e ttt N el ls sedi 18 .

op as

— —

Ves. Have von ver, in your experience with 8. O. D.

or any other mechanical defect, that you ob-

served, that was not driven by a young driver, that was not

rental ear, that you didn’t believe was stolen, that you

nad no other basis to single it out from all the other cars,

that was driven by a businessman in a suit!

TL ean't recall either way. I could possibly have.

But you don’t recall?

_ AS Normally it wouldn’t be my policy.

lt would not be your policy?

XI m not saying

. @ But if you had, it would be an exception, and not

i A I wore cay cs Yes, sir.

from the time you left the car, until you ob-

een bp seen

ee e e dee g en eee

— t

3 — T didn't bes iu iataning e Ticould

er erregen

. —

„757

C ˙ he:say anything to you as you exited

... danie mstekiuemoe alin

A ches ie 4 toa new dell

a ee chodk, as far a8 you

Sage

r, and that’s the ony rte that wb have to

a nb ety wi 4

b e ee “3 i Aik 3

ö relative tu your cart. 1 whe

ne e ee üer

ot out 0 mai cart 1 it f you

Re ioe se to wine ats Ves Bes ewe

F r Ra weed

e en —

me Why we stopped himy T guees. IL don't *—

18 vou remember, Officer, after you found the gun,

g a comment to Officer Busker, or to anyone else,

hosed rental car was er ney or 78 5 best,” or

. 71 Aten a 1

cee Diz ‘you. ‘at any 0 Officer Mosinee, dae you

za the gun, enter the car!

es vig 1 saw tus gun t

5 nig N

believe I did.

85 A. I believe it was at the station. 2

e vom ore en te trunk of tho car on theo street

15 ee eee ir Pas 1

Len-

would opem it uz

a That was Officer Busker. ‘i Gi,

Daou vi ro Bhar eyo

tuch instructions?

ue ver Je e

„ 3 Goad can Oi Het Biay ea O

‘No, irt. |

En-

ze * Ke 2

el W

79 283 N

“9

. Ldidn’t say that.

A; If the man leaped into the glove compartment and

ie out with a knife, he could be charged with that.

Mis, Kiva? Nothing further, Your Honor.

ua Court: Ton may step down.

I Ke: Your Honor, we have nothing further at this

; hg a Bhat mre will ‘have no rebuttal, Your

Im Count: Well, now we're in a rather unusual situa-

n. We started out to hear a motion to suppress, and

owa a withdrawal of a demand for a jury trial. I don’t

that there is much more that could be heard on the

le case. Does counsel wish to put on anything more on

abe disposed of in its entirety without having a ruling

Mg. Fe: Your Honor; may I just briefly outline the

cedure. Mr. King and I have discussed at some

he motion to suppress, that we would enter into a stipula-

th hearing as if repeated before you atia trial, and then

: es

ee PER

* ‘would AH

re be expeditious

2 n

o came

“oni

| at at 5

Z 1 5 8 5 ö

Tun Count: ee neat

t dana meer —— 2 w Boned?

an, | 8 Your

Cour Listen, I dare say, not tod often, but it has

12 I have been reversed, and I dare say it shall

again. I don’t seek reversals, but I must call the law

} .

oh e been [64] for the officers, if they were trying to cover

eee

o let him go. 6 Nerd

1 ane That's frequently 5

chere L think theee afcers were quite honest in

; ey said and did, and 1 frankly at this int don’t see

p< that's" illegal or un al about their

Albis Fade 500 erspber tö cet

Ve aut waer de you

5 aii ‘What we're trying to do, Yout Honor, is

* n that se Sa

me: "hore wd tele cab, Wy Ofer

at he was present and saw the gun test-fired.

Ma Praca: Correct. Correct. And what we are pre-

red to stipulate is that the officers’ testimony, that is

1 5 1

+ wen en that asin 1 bn e. our

„„ e ne

„5 .

a Tus Dovies: ‘Does omen = on: any

testimony beyond what he has ont

Ane Ne, Tou Honor.

ed ee Abe d rr e *

qpuanrnit2t Lengo Mls SAN ws elt ee

* 5 at N ; ; 4 ** * 1 are 7.7 ‘ r 7. ct: 1

wur: And the objections to Government Exhibit’s

A willbe overraled, and they will be admitted.

ver nment Pagar’ No's. 2, and 2A, 1

smacked f or iden were received

1 4 “in evidence.]

i eee Tier beer

1 Covrt: Now, re shot acy

iy wants to submit or/to say about the case in chieft

oe er — patie “Sarak

Mi Pisa: At Tega Your Honor, the defendant

n n pretrial motion, and his trial objestione, and

ip Yo. in crit wna stipulation They

; e i to cue pen. ‘They ud it wasn't exactly

. Was this the United Staten Gourt et Ap

Rex ef: ri Dr een

* n as a Non, Your Honor. bast. th Ax wi ' en 2 0 N

= Bot thought so een n en uxt

iM —— Towiinted to make. . 1

Will de happy to have Tour Honor do that, because I dis-

gassed: thin-at length: with Mr. Palmore yesterday, but, of

ES merely

ö pi want tobe sure that 725 record

ofa Lost eee Although

Lea anch mere confidence in the District of ‘Columbia

Court af Hab Appeals, I will ask the defendant. -

e ne nd Unasiat Taur Honor perhaps on that,

C ͤ ͤ 0d ack him « few preliminary

for about an hour and « half

Eames Tes; ey

Fra: All richt. And vou understand that we are

te proposing to stipulate that on eme 16th you

not

ae have a license to carry a gun!

5 Mu. Platons: Tes.

NM. Fre: And you understand that we're further

stipulating, again subject to our constitutional argument,

legal search issue, that the gun which the officers say they

- found worked?

NI. Parasconz: Les.

I. Fron: All right. Do you have any questions about

those t

= pee No.

M. Punonz: Yes, Your Honor.

as ] Te Covar: And you are perfectly satisfied that he

is a good attorney?

Mz. Patwozz: Yes.

Tux Cover: And you are satisfied with the advice he’s

Mn. Funct: The defense rests, Your Honor.

Tm Cover: All right.

Well, I have no difficulty in arriving at a conclusion as to

3 the defendant’s guilt, because having admitted the gun in

= evidence, and by virtue of the stipulation that he had no

permit to carry it, and by virtue of my view of the law that

the gun was properly seized by the officers, it seems to me

that the charge laid against the defendant has been made

out in totality in the light of those findings and conclusions,

80 accordingly I find the defendant guilty of the charge laid

the indictment, which is thereon or about January 16,

1971, within the District of Columbia, the defendant car-

Tied, either openly or concealed, on or about his person, and

in his dwelling house, and not in a place of business of

and not on other land possessed by him, a dangerous

don capable of being so concealed; namely, a pistol,

that he had no [75] license therefor ‘issued as provided

by law.

19 n 4 Len

ene ae e dae

* at art

8 . pe" wt ~ 4

THR. Fus Li Wal} Seas! eo osten ent

* res * pet 18

dn et G ln

une abe f tic edits F ite tO vias 1

to cee eich „ ahafee bam; en id N Ni

bust ana n Sit w Nhe f ken Soil en abt ert pers

Jain Chetan gun M W eee tad 155 st Ace sys

broad Daa ee ee e- U EG N õ

eee pth ae t ns teh . destimamy f y

January 16, 1971, defendant did not have a permit

or license to carry a gun in the District of Columbia.

Ee ge

‘yy Bayt 15

5 kur SWING: 750 nh feed

Mu, a . * Fs

share, bub ext toate

doe 01 0 of tah ‘ etaahastad 90

ira oF nen Gan ai e Jos en o

vet! A rade 6h e unnd e ne anne &

ed? .binedrote.en ioc o üg abgabe ien

sfidortotea gat mast nN 21 % noe ef son ain donde 1

dus shu ie at yiaene , ao ie ab vd nh Ri

Bett and bard rr

Sing a oral ion bib zasbantob

Kian Je arts elf ui ung & cites 5

n OE ge wives “i

ower 24 4 ai if

uin J lorie

dont 10

an dant

A A n

Ina nen.

: SREY OEY

iy on 1001

oe Prop > a

;

0 of e de of this court

A on the ae day ofsApril, 1971.

‘ 5 i [Signature omitted]

** 4

is „

a “a

sr rk * a

Li .

* — „ > i a *

** 2

N ee 1

2 :

ea 21 * 3 7

; BOE Ls }

1 4 ts 0

9 4 8 i

* N

a 10

> 7

i a 13

e 1. 21 5

e an f :

— *

* i

4 < 8 *

+ 22 8 1

1 * 1 4 53

. we bes 5 2 =

8 } bg ash: 58 23 z > *

1 8 i 7 ist Fs PMS wil eh « 5888

sah W 14 R *

Me In 7 8 { 1 oye , 1 ; }

5 7 1 4

4 Ans } 3 rm $ 4 = 35

Sy He * 1 ‘

ns . CE N 8

ae wd < wey * 4

12 a Whe > + ns ius} 2 16 *

i 75 N re . 4

FOR SHY Ds eS ae ker, Nes

aer =" aN

Kei Te ge MS Jars Af 5 (i tRi

: Ke 5 * 455 Fert vide 10 ze 5 8 ; 1

155 the Superior Court of the

District of Columbia

0 Detober 19, 1971 Decided April 28, 1972)

[Judgment entered this date]

» the —

yl te ee

—— challenge to the jurisdic-

of the and this court upon the language

‘article III Which states that the judicial power of the

od States shall extend to all cases arising under the

sof the United States and to which the United States

u party“ He points out (a) that the sections of the

O. Code, despite being applicable only to the District of

olumbia, constitute the Laws of the United States,

politan R. R. Co. v. District of C

72 a sity > e

is CC 5 *

os n : *

. cot oo. r 5 W Silat aicere 3

. : t 9 eee

24. E28 5

2 =? % > 3 — 8 R

: ng the | SR Ke

2 N ‘ 4

RRR AS SFR 2 Pate le Say

* k rain a. eee eee teat

Liat

1183

prior federal courts. National Mutual Insurance Co.

DC. v. Tidewater Transfer Co., 337 U.S. 582 (1949) ;*

if}

Hil

111

7 ~

8 4 =

a - K 8 5

7 2 Ld For :

esi 7

een Civil Motion: No: 9627-70 (D-D.O. 1971),

DOC e en power r upon 6 b

tation . it follows that

8 in the exercise of its necessary and p 5 5

„under US. Cone, art I, $8, cl. ra is entitl

u an free of the tenure and

he may be, of course, substantial and pertuasiv

sons courts in the District with lifetime

ten and ndimi salary for judges so as to be

e pletely free of mrad islative influence. See gen-

ie 0 Donoghue v. United States, supra at 531-33;

an. v. Gore, 253 U.S. 245, 253 (1920); Legis lative’ and

itutionc Courts, 71 Tus LJ, supra at 1010.11. The

sction Between Legislative and Constitutional Courts,

el m in its legislative wisdom to follow the example

states which do not provide for such tenure

whic h Congress may accomplish the permissible’ end of

1 aug a local“ court system under the District Clause,

4 Hates v. Jacobs, 806 U.S. 363, 371 (1939); Nebbia

r 201 U.S. 502, 525 (1984); Neild v. District

„ 71 App. D. C. 306, 312, 110 F. 2d 246, 252

nen deniaiee appellant's historical argument: That

District of Columbia, Congress, at least since 1963,”

eonferred j over local felonies in article III

and therefore it cannot sow be permitted to with-

te hoop ean from these courts and vest it in an

77141171

Fenk

Bitte n 2 isa a et

ee = phan ak; A

adicial power, Congress conveyed the judi-

strict of Columbia felonies to the courts

the District Clouse, See generally

| I

Sheed

Iefifkt

lila

PX CIV

e find no constitutional error on ‘the part

oh e DIE pes tok . ͤ sie bet nee Ba

T ²˙ - .. Andis Be wee

omg g

ie et

He was f6 ai oa 6

it from his automobile in ‘violation of his

— Sore th ks the early evening of

6, 1971. “Officer Busker knew from the Virginia

8 on appellant’s car that ‘the vehicle had been

They decided to rum a so-called “‘spot check

fine if the appellant had à proper license and rental

it (the equivalent of proper registration). Appel-

nennen no moving traffic violation and his auto

arent “nil defect,

mt's car as it made an acute

VPPCCCC tein ght fetal

a of the auto. ‘Officer Busker asked for and received

rr ‘his driver’s license. However, when asked

‘or the rental t for the vehicle, appellant entered

thé car and rétrieved it from the e compartment. The

ag t by its terms had expired on the previous Tues-

3 Appellant explained (and his story

a rn

— Hes nepisation-and

written agreement

did not 80 indicate,

an i fat etd drive the car by reason of the

xténsion of his rental gout

wring thie conversation between Officer Busker and

a 22

eee, cee that the erte on the . ings of renal

. ° iaeangeael This, waa, nat contradicted

SFE

had

e eee

mobile by police. We conclude that in thie case the

8 : . : 8 1 sq

: by Torry, . invalid.

b tor or the fourth amendment is reasonableness.

R ———

‘whether he is complying with these licensing

dente euch intrusion is ot so unreasonable as to

Fact aise Soar eee

to any police officer when demand is made therefor. .

Money „ Bete of Columbia, D.CApp, 218 Ad SOT (2906)

Ala v. District of Columbia, supra (and the cases cited therein at

414 at 508.8); United States v. Cross, 487 F.2d 885 (Sth Cir. 1971);

dicks v. United States, 870 F.2d 901 (6th Gr.), cert. dismissed, 386 U.S.

3015. (1967) ; Lipton v. United States, 348 F.2d 501 (9th Cir. 1965); United

ines v. Vanguilder, 207 F.Supp. 71 (Md. 1969); United States v. Thomas,

. 1968); People v. Andrews, —— Colo. ——, 484

— — his, pout

nder Se BBY, Ss

See

res

‘

Jed to detain him

* 5 n 8 n 8 : os 8 °

“Minted Btates y. Madril, 445 F.2d 827, 628 (eth Cir. 1971); United States v.

gam, 243 US. App.D.0. 215, 219-20, 442 F.2d 1239, 1243-44 (1971); United

* Tur , 448 Fd 1146, 1148 (Sth Cir. 1971) ; United States v. Har-

0% F.2d 028, 982. (8th Cir. 1970), ert. denied, 403 U. 8. 973 (1971);

e e United States, 140 US.App.D.C. 833, 336, 485 F. ad 405, 408 (1970);

5 States v. Leyva-Barragan, 423 F.2d 669, 670 (9th Cir. 1970) ; Biccardi

Pw Perini, 417 F.2d 645, 647 (6th Cir. 1969) ; Bowling v. United States, supra;

‘Btates v. Melt 804 F.Supp. 1244 ( D. La. 180); United States

my; 207 F.Sapp. 67, 69-70 (N.D. da. 1969); State v. Dell, 258 La.

4 116 (1971); Gustafson v. State. 248 Bo.2d 615, 619-20 (Fie.

b App. 1971); State v. Smithers, 269 N. B 24 874, 877-78 (Ind. 1971) ;

‘Woodford, 26 Ohio Mise. 51, 55-56, 269 N. A 2d 148, 147 (1971); Stone

7 Wash.App. 808; 479 P.2d 114 (1971) ; Btate v. Goudy, 52 Haw. 497, 479 P.2a

eh; United States v. Frye, D. O. App., 271 KA. 2d 788, 790 (1970) ; State

‘Oe Billiard, 81 NM. 407, 467 PA 788 (1970); People v. Nickles, 9 Cal.App.3d

dn tr 763 (1970); Btate v. Sedillo, 81 NM. 47, 462 Pad 632

dee Sarabia v. State, 455 b. W. 2 231, 234 (Ter. Crim. App. 1969) (Onion,

. dissenting); State v. Lewis, 80 N. X. 274, 464 Pd 860 (1060); People v.

‘Nillafuerte, 275 Cal App. 2d 531, 80 Cal. Rp + 279 (1960); People v. Miesio,

PMR TiApp.24 298, 242 N.E.2d 705 (1968); People v. Tassone, 41 Had 7, 241

40, 401 (1068), vert. denied, 804 U.S. 965 (1969); People v. Harr,

at j obviously at this point the stop has passed beyond the point of

yr intrnsion for a public health and safety purpose (d.., the license and

lstration'*<spot check) and has passed into the realn of an investigation

interrogation focusing on a pe individual whose conduct in s

r hies reasonably suggests a particular license or registration

Soa Dike e Me anes s

Bam

porto: ened i en hac taney

4 5 1 oe 85 e ‘on 8 Be Ba tos 8

eee final ete creat

of law

See ed e Sass ee e Chee ee

a e . dee 25 n ee e

a3 2 = ‘Sot 2

CCC

lan r r ing Mos ey ee

SO ee *

eigen b Gite

1 —

. ele Gade ws at:

* ö e e eee e e ede Of u ow t o lt

[Filed ‘Apr 28, 1972

3 trom the Superior Court of the District of Colum-

ORE: Really, Kern and Menden, Associate + Jaden

. set mae 81 :

bee

. e

0⁰ i Sree a Coa

0 — whereot, It is.now here ordered and

by this Court that the judgment of the said

the same is hereby, affirmed.

Per Curiam.

For the Court:

/s/ Alexander L. Stevas

: Auen IL. Sravas,

Dated: April 28, 1972.

Opinion per Associate Judge John W. Kern, III.

—

5 de Gere

K f 38 Sart

act; iis.

Nine ö

+ ees Kern nd Netter, Associate Judges

2 45

1 Bi ie ‘nah ions ni stp

dedorn Aris | 3 5 N=

a 9 ms oa tae a 1760 ivy lune

CCCCCCCCCCCCCC edt of Bonceticogs ey tre!

K ent

N 7 *

rte on 150 i

* 10 *

*. ee ee

amide wr Mh

if APPEAL iy Ly ee a ; |

APPEAL rae Golumbia Court ot

eee Py N. Ban ried ian Ana

in thle case having

N i AL 1

oF a Roti? far SH „

t 1 e siti as Receipts ae 155 9 writ Qe ene

S e cane en Waders aa ae

at: ‘shah ght r bn Hense an, th ae Pune) 1 Sau

M 1

ae ; tA hb : Pac) 08 11. 7 „ i 7 f

| o add ai ined Tigh n. 2611 en FA

25 widt Ker DE saul, + rd rw wd nde e Wat We dos

gtalcnint asit Tu fatijisaewies! oft vate rodtistt Haske

Ohi tote) seyret od} od ot Hatun lan

— 7 Pry 3 be

1 n ib 541

11a Ar YA

i FL ene e 7 2

* pate A arene)

bn stein ard

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.