United States v. Bazemore

77 F. App'x 110
CourtCourt of Appeals for the Third Circuit
DecidedOctober 3, 2003
DocketNo. 02-1338
StatusPublished

This text of 77 F. App'x 110 (United States v. Bazemore) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Bazemore, 77 F. App'x 110 (3d Cir. 2003).

Opinion

OPINION OF THE COURT

RENDELL, Circuit Judge.

Following his convictions for mail fraud, making a false statement, and obstruction of justice, Gene Bazemore appeals from the District Court’s denial of his Motion to Suppress statements made to investigators in a grand jury witness room during a preappearance interview. He contends that the investigators’ failure to give him warnings required by Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966), rendered his statements inadmissible at trial. The District Court had jurisdiction under 18 U.S.C. § 3231, and we have jurisdiction pursuant to 18 U.S.C. § 1291. We will affirm.

As we write solely for the parties, we will recite only those facts relevant to the issue before us. A number of employees of the Philadelphia Medical Examiner’s office, including Bazemore, were suspected of stealing personal effects of deceased individuals whose bodies were processed through the office. On August 31, 2000, Bazemore was served at his home with a federal grand jury subpoena requiring him to appear at the federal building in Philadelphia on September 12, 2000, to testify regarding this matter. Evidence at the suppression hearing established that an “Advice of Rights” notice, explaining Bazemore’s constitutional rights to refrain from responding to questions and to seek representation, was attached to the subpoena.

Bazemore appeared at the grand jury suite pursuant to the subpoena, as did several of his co-workers who were also witnesses in the same matter. After waiting in the grand jury room for about an hour, two federal law enforcement officers asked Bazemore to accompany them to a witness interview room in order to prepare for the presentation of his testimony. According to the officers’ testimony at the suppression hearing, all of the witnesses waiting with Bazemore were subjected to similar interviews. Bazemore assented to the interview, and he went with the officers to a separate, smaller interview room.

Once inside the interview room, Bazemore provided the officers with personal background information. After a short time, an Assistant United States Attorney joined the officers in the interview room [112]*112and explained that he was seeking Bazemore’s cooperation in the investigation of the alleged thefts at the Medical Examiner’s office. He asked a few questions about the matter, and Bazemore denied any knowledge of or participation in any such thefts. Testimony before the District Court indicated that the entire interview lasted approximately twenty minutes. Bazemore then left the room and returned to wait with the other witnesses until they were excused for the day.1

At the suppression hearing, the following evidence was adduced, through the testimony of both officers who were present on September 12, regarding the circumstances of the interview. The door to the interview room was closed while Bazemore was interviewed by the officers and the AUSA. The officers were wearing casual clothing, and neither of them carried a weapon or handcuffs. All parties spoke amiably, using conversational tones of voice. There was a phone on a table in the room. Although the officers suspected that Bazemore was involved in the thefts, they did not intend to arrest him or bring charges against him that day. They did not read Bazemore his rights, nor did they explicitly indicate that he was free to leave the room at any time.

Bazemore was subsequently indicted on charges relating to the thefts. He was also charged with making false statements based on his responses during the preappearance interview on September 12. He asked the District Court to suppress the statements he made during the interview, arguing that he was in custody at the time and, therefore, Miranda warnings were required.2 After hearing testimony and argument on the Motion to Suppress, the District Court found that Bazemore was not in custody during the interview, and, thus, decided that the statements were admissible. Bazemore was subsequently convicted of making false statements, in addition to other crimes related to the thefts. He appeals the District Court’s denial of his Motion to Suppress, reasserting his argument that he was in custody during the pre-appearance interview.

Where the historic facts are not in question, “we exercise plenary review with respect to the district court’s determination as to whether the police conduct found to have occurred constitutes custodial interrogation under all the circumstances of the case.” United States v. Leese, 176 F.3d 740, 741 (3d Cir.1999); see also United States v. Gomez, 237 F.3d 238, 239 (3d Cir.2000); United States v. Benton, 996 F.2d 642, 644 (3d Cir.1993).

We agree that Bazemore was not in custody, and thus not entitled to Miranda warnings, when he was interviewed on September 12. Miranda warnings are required in order to protect a suspect’s Fifth Amendment right against self-incrimination only where the suspect is subjected to “custodial interrogation.” Miranda, 384 U.S. at 444, 86 S.Ct. 1602; see also, e.g., Oregon v. Mathiason, 429 U.S. 492, 494, 97 S.Ct. 711, 50 L.Ed.2d 714 (1977). For Fifth Amendment purposes, a suspect is in custody if a “reasonable person” in the suspect’s position would not feel free “to terminate the interrogation and leave.” Thompson v. Keohane, 516 U.S. 99, 112, 116 S.Ct. 457, 133 L.Ed.2d 383 (1995); [113]*113accord United States v. Mesa, 638 F.2d 582, 587 (3d Cir.1980). In other words, courts should apply an objective test and find that a suspect is in custody where there has been a ‘“formal arrest or restraint on freedom of movement’ of the degree associated with a formal arrest.” California v. Beheler, 463 U.S. 1121, 1125, 103 S.Ct. 3517, 77 L.Ed.2d 1275 (1983) (per curiam) (quoting Mathiason, 429 U.S. at 495, 97 S.Ct. 711); see also Leese, 176 F.3d at 743.

Applying this objective test to the facts here, we agree with the District Court and find that a reasonable person in Bazemore’s position would have realized that he was free to terminate the interview at any time. We reached the same conclusion in a case with facts that are strikingly similar to the circumstances we consider now. In United States v. Leese, postal inspectors suspected Leese of misappropriating funds from the post office where she worked. 176 F.3d at 742. Two inspectors came to the post office while Leese was on duty, and the Postmaster instructed her to speak with the inspectors in his private office. Id. The door to the office was closed during the interview. Id. Both inspectors wore plain clothes, but one also wore a visible firearm. Id.

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Related

Miranda v. Arizona
384 U.S. 436 (Supreme Court, 1966)
Oregon v. Mathiason
429 U.S. 492 (Supreme Court, 1977)
California v. Beheler
463 U.S. 1121 (Supreme Court, 1983)
Thompson v. Keohane
516 U.S. 99 (Supreme Court, 1995)
United States v. Rigoberto Raciel Mesa
638 F.2d 582 (Third Circuit, 1980)
United States v. Brian E. Benton
996 F.2d 642 (Third Circuit, 1993)
United States v. Vicki S. Leese
176 F.3d 740 (Third Circuit, 1999)
United States v. Anselmo Gomez
237 F.3d 238 (Third Circuit, 2000)

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Bluebook (online)
77 F. App'x 110, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-bazemore-ca3-2003.