# Appendix — Palmore v. United States > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40386414_0131%3A1 ## Record - **Collection:** Supreme Court brief - **Document type:** Appendix - **Published:** January 1, 1973 - **Citation:** 411 U.S. 389 ## Text * Soupeme Court at the dne states Ooronm Tun, 1972 4 No, 72-11 Rooszvart F. PaLmons, APPELLANT, v. 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 A 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 1 = : = ‘ Ee : E i Bn 7 7 = tak . — ne 1 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 2 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 5 NU 8 TE ee that the Court of Appeals in Tun Cover: eon the e to use ‘the eee dock hn, ia; not. determinative of ps Hi kn own n that all appellate e Dag nden gr 8 8 Dongre receipts 2 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 8 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 ry aA Sig £8 ere 2 akk Titec — — ö dist n. Heving in mind what I read nm 1¹ nu of this act enacted by Congress for the District r . 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 78 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 e 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 15 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 17 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 ih f" * 1 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 18 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 1 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 2 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 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 at ; es it 2 eee seit tioning io yeas ‘ain’ 8 1 b zr ‘Bot, dow't nere oo, eee +4, 4 ‘4 y ed es it if pat re- en eben Eser dessen anytime afar the & r 5s ewes ¢ eh a 8 Idon't now. aa 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- ee . . = 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. Q 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 2 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 b rental agreement check i A. H another car is in the area, or if they hear the © tranamission, they will drive by, yes. 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. F having been called as a witness on behalf of the government, E > 8 i 8 . ay irn N s n ü ee 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 1 _ Now, let take you to the point where the two cars P 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 TT 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 1 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? E 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 1 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 24 g * are. t * 5 e ttt N el ls sedi 18 . op as — — Ves. Have von ver, in your experience with 8. O. D. Pn 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- c 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 8 Sage 5 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. | K En- 3 7 1 4 ze * Ke 2 3 el W 79 283 N a “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 2 * ‘would AH en . 8 re be expeditious 2 n o came “oni | at at 5 Z 1 5 8 5 ö ae 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 } . 1 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 a * ; 0 of e de of this court A on the ae day ofsApril, 1971. ‘ 5 i [Signature omitted] ** 4 a 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 : of — * * i 4 * . 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 + 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 — th 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 n ee * k rain a. eee eee teat Liat 1183 t g i : : prior federal courts. National Mutual Insurance Co. DC. v. Tidewater Transfer Co., 337 U.S. 582 (1949) ;* if} Hil : ai + af ! 111 * 7 ~ 8 4 = a - K 8 5 7 2 Ld For : esi 7 3 ae 3 U 57 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, © ber 4. L. Rav., supra at 154 n. 149. However, Congress el m in its legislative wisdom to follow the example states which do not provide for such tenure © tka — ——— insane 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 F s 11 2 adicial power, Congress conveyed the judi- strict of Columbia felonies to the courts the District Clouse, See generally | I Sheed Iefifkt lila PX CIV 2 e find no constitutional error on ‘the part oh e DIE pes tok . ͤ sie bet nee Ba T ²˙ - .. Andis Be wee 2 7 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 l SFE had 1 f Hl I 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 i. — — his, pout nder Se BBY, Ss n 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 © People, —— Colo. ——, 485 P.2d 495-08 (1971); State v. Ferguson, 3 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'*