United States v. Kenneth Eugene Evans

574 F.2d 352
CourtCourt of Appeals for the Sixth Circuit
DecidedJune 12, 1978
Docket77-5139
StatusPublished
Cited by21 cases

This text of 574 F.2d 352 (United States v. Kenneth Eugene Evans) 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. Kenneth Eugene Evans, 574 F.2d 352 (6th Cir. 1978).

Opinions

PECK, Circuit Judge.

On April 28, 1976, defendant-appellant Evans was found guilty by a jury of possession of a firearm after conviction for a felony. On appeal, he argues that a gun •found in his apartment, along with a statement made by him to police officers, were illegally obtained and should have been excluded from the evidence.

The Detroit Police Department received a complaint from Evans on July 4, 1975, at about 6:15 p.m., that his taxicab and his wallet had been stolen earlier that afternoon. At about 5 p.m., a passenger in the same cab had reported that he had been robbed at gunpoint by the driver. Their suspicions aroused by the delay between the time Evans claimed his cab was stolen and the time he contacted the police, the investigating officers fed Evans’ name and description into the computerized Law Enforcement Information Network (LEIN). The police officers discovered that Evans had a criminal record and that three outstanding traffic court warrants were entered against him; one for ignoring a stop sign, one for driving through private property, and one for allowing a passenger to ride in the front seat.

The police officers went to Evans’ apartment to question him concerning his report of the theft. After some routine questions, they informed him that they were going to have to arrest him on the traffic warrants. Evans became extremely nervous and agitated at this point, and eventually had to be handcuffed and led to the police car.

[354]*354On the way back to the station, one of the officers was talking to Evans, and (in his own words) “encouraging or — I should say, just letting him know I was wondering why — what did he have to hide; ‘Why are you so worried about the whole thing, why didn’t you want us to come into your room?’ ” Transcript at 46. After further questioning about whether Evans had a “ghost in the closet,” Evans admitted to the officer that he had a gun in his room. According to the officer’s testimony, he immediately told Evans to say no more, and for the first time advised him of his rights.

Knowing that Evans had a criminal record, and that possession of a firearm by a felon was a federal offense, the officers contacted the federal authorities. A search warrant was obtained for the apartment, and a revolver was discovered under the bed pillows.

Evans argues that the traffic warrants pursuant to which he was arrested were unconstitutionally issued, and that his arrest was therefore illegal. His incriminating remarks to the police were tainted by that illegal arrest, and therefore both his statements and the revolver are “fruit of the poisonous tree” and should not have been admitted into evidence against him. We agree, and hold that his conviction must be vacated and remanded.

At the evidentiary hearing on the motion to suppress, Mr. Trupiano, Supervisor of the Court Clerical Services of the traffic court which issued these warrants, testified as to the procedures followed in the issuance of arrest warrants. At the end of each day, all the tickets issued to persons who have failed to appear are gathered together and delivered to a typist who prepares a list of the ticket numbers. It is unclear how many of these “no-shows” there might be in any one day, but apparently there would normally be several hundred. The tickets are then sent directly to the warrant department for issuance of a warrant.

The list of ticket numbers is presented to the judge along with a signature form. The top portion of the form reads: “I have examined the attached list of cases and find that none of the defendants named therein have appeared on their court date. A warrant is, therefore, requested on all the attached cases.” A blank follows for the clerk’s signature. There next appears a printed form of an order for a warrant, “it appearing that the offenses have been committed and there is just cause to suspect the respective persons therein accused to have committed these offenses.” The warrant is issued “in each of the said foregoing cases based upon said complaint.” [Emphasis supplied.] This portion of the form is signed by the judge and placed in the court’s journal.

Evans argues that there was never a determination that probable cause existed to believe he committed the offenses described in the warrants, and that the warrants therefore were issued unconstitutionally. The constitutional standard for judging the validity of arrest warrants was set out in Giordenello v. United States, 357 U.S. 480, 78 S.Ct. 1245, 2 L.Ed.2d 1503 (1958):

[T]he inferences from the facts which lead to the complaint [must] “be drawn by a neutral and detached magistrate instead of being judged by the officer engaged in the often competitive enterprise of ferreting out crime.” The purpose of the complaint, then, is to enable the appropriate magistrate, here a Commissioner, to determine whether the “probable cause” required to support a warrant exists. The Commissioner must judge for himself the persuasiveness of the facts relied on by a complaining officer to show probable cause. He should not accept without question the complainant’s mere conclusion that the person whose arrest is sought has committed a crime.

Id., at 486, 78 S.Ct. at 1250 (citations omitted). Here warrants were issued for Evans’ arrest based on the complaint of a police officer. It is clear that no determination of probable cause to believe Evans committed the offenses described in the traffic tickets was ever made by the judge who issued the warrants; in fact he never saw the tickets, but merely a list of numbers. Nor is there any indication that his clerk examined the [355]*355tickets (which are sworn to by the policeman who issued them and thus would be sufficient to support a warrant) to make sure that the actions described constituted a crime.

The Government argues that these warrants were not based on the violations contained in the complaint, but on the failure to appear in court, and that the judge had probable cause to believe that Evans had not appeared, based on his clerk’s affidavit. It is true that normally, when an accused person or a subpoenaed witness fails to appear in court, the judge will issue a bench warrant ordering that person arrested and brought before the court. Such warrants are clearly valid and based on probable cause and our holding today does not affect them in the least. However, every indication in the record is that these warrants issued for Evans’ arrest were not bench warrants based on his failure to appear, but arrest warrants, based on the complaint described in the ticket. The statute authorizing the warrants states:

If after the service of an appearance ticket and the filing of a complaint for the offense designated therein the defendant does not appear in the designated local criminal court at the time the appearance ticket is returnable, the court may issue a summons or warrant based upon the complaint filed. (Emphasis supplied.)

Mich.Comp. Laws Ann. § 764.9e, Mich.Stat. Ann. § 28.868(5). The form signed by the judge ordering the issuance of warrants states that they are to be “based upon said complaint.” The warrants themselves state that Evans was to be arrested for “the offense therein indicated,” which is the traffic offense.

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United States v. Kenneth Eugene Evans
574 F.2d 352 (Sixth Circuit, 1978)

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Bluebook (online)
574 F.2d 352, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-kenneth-eugene-evans-ca6-1978.