United States v. David Murphy, Rene Stauffer

763 F.2d 202
CourtCourt of Appeals for the Sixth Circuit
DecidedMay 31, 1985
Docket84-5296, 84-5297
StatusPublished
Cited by52 cases

This text of 763 F.2d 202 (United States v. David Murphy, Rene Stauffer) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth 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. David Murphy, Rene Stauffer, 763 F.2d 202 (6th Cir. 1985).

Opinions

ENGEL, Circuit Judge.

The primary issue in this criminal appeal concerns the voluntariness of inculpatory statements made by one of the defendants while he was being apprehended by an attacking police dog. We must decide whether these statements should have been excluded from evidence at trial even though they were made in the complete absence of any police misconduct or interrogation.1

We conclude that the statements should have been excluded as inadmissible despite the notable absence of police misconduct. However, because the remaining evidence of the defendant’s guilt was so overwhelming as to persuade us that the error in admission of the evidence was harmless beyond a reasonable doubt within the purport of Chapman v. California, 386 U.S. 18, 87 S.Ct. 824, 17 L.Ed.2d 705 (1967), and because no therapeutic purpose of deterring unlawful or unconstitutional police conduct would be served by requiring an otherwise error-free trial to be upset, we conclude that reversal and new trial are not constitutionally mandated. See Chapman, 386 U.S. 18, 87 S.Ct. 824; Milton v. Wainwright, 407 U.S. 371, 92 S.Ct. 2174, 33 L.Ed.2d 1 (1972); United States v. Charlton, 565 F.2d 86, 92 (6th Cir.1977), cert. denied, 434 U.S. 1070, 98 S.Ct. 1253, 55 L.Ed.2d 773 (1978).

I.

In the early morning of October 11,1983, two employees of the Boone State Bank in Florence, Kentucky were robbed at gunpoint just as they were preparing to transfer deposits from the night depository in the Florence Mall to the bank’s nearby branch office. The two robbers, who wore dark gloves and blue and green coveralls and ski masks, took $185,522 in cash and checks. Immediately after the robbery, witnesses saw two men dressed in cover[204]*204alls, ski caps and gloves transferring bags from a yellow 1974 Lincoln to a green van in the mall parking lot. A short time later, a police officer spotted the green van at an apparent rendezvous with a brown van in the parking lot of a Ramada Inn about one mile from the mall. When the occupants of the vans saw the police cruiser, they started to drive away. The officer stopped the brown van, and backup officers arriving a few minutes later found the green van abandoned in another part of the parking lot. Inside the two vans the police found various items connected with the robbery, including a loaded machine gun and several loaded hand guns; a Boone State Bank deposit bag and a Boone State Bank envelope containing money; and coveralls, ski masks and gloves matching the descriptions of those worn by the robbers.

The search for the two suspects who had fled from the green van concentrated in a wooded area near the Ramada Inn. Thomas Eppertson, an officer from the Covington, Kentucky Police Department was called to join the search with his police dog, Kino. Kino, a male German Shepard weighing approximately 88 pounds, had been trained extensively in tracking and apprehending suspected criminals. The dog picked up defendant Stauffer’s trail in the woods and followed it to a large spruce tree in the front yard of a nearby house. Because he could not see into the tree’s thick branches and because of the strong possibility that the suspect might be heavily armed, Officer Eppertson sent Kino into the branches to apprehend Stauffer.2 Kino attacked Stauffer and dragged him out from under the tree. In the process, Kino bit Stauffer on the neck, arms and legs. After being dragged out from under the tree and while Kino was still on top of him, Stauffer began yelling and screaming, “You caught us. You caught us. Get this fucking dog off me. We shouldn’t have robbed the bank. You caught us. Get the dog off.” Because of his concern that Stauffer might be armed, Eppertson did not call Kino off until Stauffer had been handcuffed. After the arrest, Stauffer was taken to a hospital where he was treated for severe bite wounds.

Stauffer and Murphy were charged with one count of bank robbery, two counts of interstate transportation of a stolen motor vehicle, two counts of unlawful possession of a firearm and one count of unlawful possession of a machine gun.3 Before trial Stauffer’s attorney moved to suppress Stauffer’s inculpatory statements on the ground that they amounted to an involuntary confession, coerced by the dog’s attack. The magistrate who heard the evidence at the suppression hearing recommended that the statements be admitted. The district court judge initially hesitated4 but later admitted the statements, apparently because the police had not been trying to elicit a confession and because the confession was reliable.5 Both defendants [205]*205were convicted by the jury on all six counts and were given heavy sentences.

The following circumstances are well established by the record here:

(a) The police had “probable cause” to believe Stauffer was a felon, and “exigent circumstances” existed to justify his arrest without a warrant.
(b) The police were guilty of no “misconduct” in using the dog to apprehend Stauffer.
(c) The police conduct of employing the dog to subdue Stauffer in fact induced the statements by Stauffer, and “but for” that conduct, though otherwise reasonable, the statements would not have been made.
(d) Stauffer was in great fear and pain from the attack of the dog when he made the statements.
(e) No Miranda warnings had been issued when Stauffer made the statements.
(f) Stauffer was “in custody” effectively at the time of his statements.
(g) There was no “interrogation” by the police.
(h) The police did not “intend” to elicit Stauffer’s statements.

II.

Normal case law concerning the administration of Miranda warnings does not apply in this case because Stauffer’s statements were not in response to police interrogation or other efforts to elicit a confession. See Rhode Island v. Innis, 446 U.S. 291, 299-300, 100 S.Ct. 1682, 1688-1689, 64 L.Ed.2d 297 (1980); United States v. Avery, 717 F.2d 1020, 1024-25 (6th Cir.1983), cert. denied, — U.S.-, 104 S.Ct. 1683, 80 L.Ed.2d 157 (1984). However, the admission of a confession not obtained in violation of Miranda will still violate due process if the confession was given involuntarily. United States v. Brown, 557 F.2d 541 (6th Cir.1977); cf. Mincey v. Arizona, 437 U.S. 385, 398, 98 S.Ct. 2408, 2416, 57 L.Ed.2d 290 (1978). Thus, the admissibility of Stauffer’s statements turns on whether they were voluntary.

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Bluebook (online)
763 F.2d 202, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-david-murphy-rene-stauffer-ca6-1985.