United States v. Corey

861 F. Supp. 2d 1341, 2012 U.S. Dist. LEXIS 68319, 2012 WL 1792634
CourtDistrict Court, S.D. Florida
DecidedMay 16, 2012
DocketCase No. 12-20184-CR
StatusPublished
Cited by2 cases

This text of 861 F. Supp. 2d 1341 (United States v. Corey) is published on Counsel Stack Legal Research, covering District Court, S.D. Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Corey, 861 F. Supp. 2d 1341, 2012 U.S. Dist. LEXIS 68319, 2012 WL 1792634 (S.D. Fla. 2012).

Opinion

ORDER GRANTING MOTION TO SUPPRESS POST-ARREST STATEMENTS

FEDERICO A. MORENO, Chief Judge.

The defendant seeks to suppress statements made by him without benefit of the [1343]*1343Miranda warnings during a custodial interrogation after being arrested for possessing a firearm as a convicted felon. The Court finds that the arresting officer’s question of what was he doing in the area was not simply a biographical question subject to the booking exception but a question that was reasonably likely to elicit an incriminating response. Accordingly, the defendant’s post-arrest response, while handcuffed in the police care was a product of the interrogation and is excluded.

BACKGROUND

Defendant is charged with knowingly possessing a firearm while having previously been convicted of a felony, violating 18 U.S.C. § 922(g)(1). In July of 2011, Miami Police Officer Albert Pagan was approached by an unidentified woman at 7th Avenue and Northwest 8th street in Miami. She told Pagan that two men nearby were presently armed, were involved in a recent shooting, and one owned an AK-47. Pagan alerted the members of his unit, including Officer Alexis Perez, who was the sole witness at the suppression hearing.

The two men, later identified as defendant George Corey and Ray Rahming, were approached by Officer Perez as she drove a marked police car into the housing complex where they were. Officer Pagan was driving another marked police car behind her while other officers waited at the rear of the complex in case Corey and Rahming attempted to flee. As Perez approached, she made eye contact with Corey and Rahming, and both men fled on foot.

Officer Perez followed Corey on foot after he split from Rahming. She alerted the other officers as to the suspects’ directions and Officer Pagan drove to the north side of the complex to cut Corey off. Officer Pagan exited his car, approached Corey, and saw Corey take a gun out of his waistband and place it in a flower pot. Officer Pagan ordered Corey to the ground and another officer took him into custody. Corey was handcuffed, arrested, and placed inside a police car.

Inside the police car, Officer Perez questioned Corey but failed to advise him of his Miranda rights. Meanwhile, the remaining officers were arresting Rahming1 and securing the evidence, including the stolen, black semi-automatic Lorcin .380 pistol loaded with seven rounds of ammunition that Corey had allegedly placed in the flower pot. In the police car, Officer Perez asked Corey standard booking questions including his name, date of birth, and his address. Officer Perez candidly testified that she did not inform Corey of his Miranda rights but was waiting for the detectives to do so.

Corey provided an address in the north end of Miami, which was quite far from the scene of the arrest. Officer Perez then asked Corey what he was doing in the area. Corey stated that he was visiting his girlfriend and added that he had a firearm on him because he knew he was going to get shot for not being from the area.

LEGAL ANALYSIS

CUSTODY

The Supreme Court structured an accused’s rights during custodial interrogation under the Fifth and Fourteenth Amendments in order to avoid compelled [1344]*1344self-incrimination. Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966). In order to prevent undue interference with traditional police investigation, the Court required that before warnings need be given, the suspect must be both “in custody” and “under interrogation” by police. Id.

It is undisputed that Defendant Corey was in custody. The Government concedes that he was under formal arrest— handcuffed and placed in a police car from which he was not allowed to leave. Given that there is no argument as to whether Corey was briefly detained for police investigation, there is no need for examination of the case law involving investigative detentions under Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968).

BOOKING QUESTIONS VS. INTERROGATION

In determining that interrogation took place, it is necessary to distinguish an interrogation question from a booking question. Interrogation is “express questioning, but also any words or actions on the part of the police that the police know are reasonably likely to elicit an incriminating response from the suspect.” Rhode Island v. Innis, 446 U.S. 291, 301, 100 S.Ct. 1682, 64 L.Ed.2d 297 (1980).

Routine booking questions regarding the age, height, weight, eye color, name, and current address are “reasonably related to the police’s administrative concerns” and therefore exempt from Miranda’s reach. Pennsylvania v. Muniz, 496 U.S. 582, 601, 110 S.Ct. 2638, 110 L.Ed.2d 528 (1990).

However, questions that are reasonably likely to elicit an incriminating response, even if in a series of otherwise unoffending questions, may breach the booking exception. Id. at 601 n. 14, 110 S.Ct. 2638. The parties do no cite an Eleventh Circuit case squarely addressing this issue, but examples from other circuits help illustrate how a question pushed beyond the scope of the booking question exception becomes an interrogation. In United States v. Blas-Virgen-Moreno, the Fifth Circuit ruled the booking exception was breached when the suspect was repeatedly asked whether he resided at a certain address. 265 F.3d 276, 294 (5th Cir.2001). Similarly, the Sixth Circuit excluded responses about where a defendant was from and when he arrived at an address because the questions were beyond the realm of routine booking questions and were likely to elicit incriminating responses. United States v. Pacheco-Lopez, 531 F.3d 420, 424 (6th Cir.2008). In United States v. Henley, the booking exception was not extended to questions about whether a suspect owned a vehicle that the police officer believed was involved in illegal activity. 984 F.2d 1040, 1042-43 (9th Cir.1993).

The question “what are you doing in the area?” is an investigatory question and is permissible before an arrest. After an arrest is made, any biographical questions necessary to an arresting officer’s administrative duties are also permissible. In this case, given the distance from the defendant’s home address and the police officer’s training to investigate such matters, it is clear that she wanted to know why the defendant was there in the first place. That question, as phrased, considering that the officers already knew about the firearm, can be reasonably expected to elicit an incriminating response. The Court rejects the Government’s initial reliance on the booking question exception to [1345]*1345allow as evidence the defendant’s statement despite the officer’s failure to give the Miranda warnings.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

United States v. Sanchez
334 F. Supp. 3d 1284 (N.D. Georgia, 2018)

Cite This Page — Counsel Stack

Bluebook (online)
861 F. Supp. 2d 1341, 2012 U.S. Dist. LEXIS 68319, 2012 WL 1792634, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-corey-flsd-2012.