United States v. Schneider

14 M.J. 189, 1982 CMA LEXIS 14680
CourtUnited States Court of Military Appeals
DecidedNovember 8, 1982
DocketNo. 40454; NCM 80-1524
StatusPublished
Cited by35 cases

This text of 14 M.J. 189 (United States v. Schneider) is published on Counsel Stack Legal Research, covering United States Court of Military Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Schneider, 14 M.J. 189, 1982 CMA LEXIS 14680 (cma 1982).

Opinion

OPINION OF THE COURT

COOK, Judge:

Tried by general court-martial, military judge alone, the accused was convicted, despite his pleas, of four specifications of willfully destroying government property; one specification of damaging property other than military property; two specifications of arson; and one specification of communi[190]*190eating a threat, in violation of Articles 108, 109, 126 and 134, Uniform Code of Military Justice, 10 U.S.C. §§ 908, 909, 926 and 934, respectively. The approved sentence extends to a dishonorable discharge, confinement at hard labor for 15 months, forfeiture of $400 pay per month for 15 months and a fine of $1,000.00. The Court of Military Review affirmed in an unpublished opinion.

We granted accused’s petition for review on the following issue:

WHETHER THE MILITARY JUDGE ERRED TO THE SUBSTANTIAL PREJUDICE OF THE APPELLANT WHEN HE DENIED THE DEFENSE MOTION TO SUPPRESS THE CONFESSION (PROSECUTION EXHIBIT 2) MADE AS A RESULT OF (A) A CUSTODIAL INTERROGATION BASED ON AN INSUFFICIENT SHOWING OF PROBABLE CAUSE, AND (B) ILLEGAL THREATS AND PROMISES.

We find no error and affirm.

I

During the months of May and June 1979, fires were set on four different occasions in the bachelor enlisted quarters (Building 447) at the Naval Education and Training Center, Newport, Rhode Island. The first two fires involved trash cans. Then, on June 5, a chair was set on fire in the second-floor laundry room. Finally, on June 7, a dresser was ignited in the fourth-floor stairwell. An investigation of the latter two fires was started by the Naval Investigative Service Resident Agency (NISRA).1 Preliminary information disclosed that: the accused had been the fire guard on all four nights and had made “all secure” entries in the fire-watch log for the approximate times at which the fires started; the accused had been the first person at the scene of the fires; there were no witnesses to the starting of the fires; and the accused was one of two individuals who had received medical treatment for smoke inhalation after both of the last two fires. The accused was interviewed after the first June fire, but only as a witness — not as a suspect. After the second June fire, the accused became a suspect in the eyes of the NISRA agents. Special Agent Scovel had learned in training that, frequently, the first person who arrived at the scene of a fire was the person who set the fire and had the “hero syndrome.” He also knew that the accused was charged with a violation of the enlisted quarters’ regulations and postulated that the accused might have a motive either for revenge or to enhance his standing with the command by putting out the fires. A check into the fire-watch logs for the recent past disclosed that the accused had the fire watch when all four fires occurred, but during the time the accused was out of the barracks, there had been no fires. The doctor treating the accused told the agents that he might be faking the symptoms. Finally, although certain witnesses were discovered who could verify the estimated times that the fires were started, NISRA had eliminated all other suspects. Based upon this investigative predicate, NISRA had the accused brought from the hospital to that office for interrogation.

After being read his rights, the accused first denied having started the fires, but subsequently admitted that he had done so. At trial, defense counsel moved to suppress the statement. The military judge denied the motion. Appellate defense counsel contend that the accused’s statement was the result of a custodial interrogation based upon an insufficient showing of probable cause, and cite Dunaway v. New York, 442 U.S. 200, 99 S.Ct. 2248, 60 L.Ed.2d 824 (1979). Appellate government counsel counter by asserting that the agents had probable cause under Dunaway to “seize” the accused for questioning, even though he was not “apprehended” in the sense of Article 7, UCMJ, 10 U.S.C. § 807.2

[191]*191In Dunaway a Rochester detective investigating the killing of the proprietor of a pizza parlor was told by another officer that an informant had supplied a possible lead implicating Dunaway in the crime. The detective questioned the source but learned nothing that would supply enough information to obtain a warrant for Dunaway’s arrest. Nonetheless, the detective ordered Dunaway to be picked up by other detectives and brought to the police station for questioning. Dunaway was taken into custody, although not arrested, and brought to the police station interrogation room. After being read the warnings required by Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966), Dunaway made incriminating statements and sketches. He was tried and convicted. After affirmances by the New York courts, the Supreme Court vacated his conviction and remanded the case for further consideration in light of its decision in Brown v. Biinois, 422 U.S. 590, 95 S.Ct. 2254, 45 L.Ed.2d 416 (1975).3 The trial court was “directed ... to make . . . findings as to whether there was a detention of” Dunaway; whether there was probable cause for the detention; and, if a detention without probable cause occurred, “whether the . . . confessions . .. [were] rendered infirm by the illegal arrest.” 442 U.S. at 204-05, 99 S.Ct. at 2252. Pursuant [192]*192to this mandate, the trial court found no probable cause to support the arrest of Dunaway and that the full Miranda warnings were insufficient to “purge the taint of the defendant’s illegal seizure.” Id. 442 U.S. at 205-06, 99 S.Ct. at 2252-53. Therefore, Dunaway’s motion to suppress the confession was granted. The Appellate Division reversed on the ground that “the taint of . . . [the] illegal detention was sufficiently attenuated to allow the admission of his ... [confession] and sketches.” Id. 442 U.S. at 206, 99 S.Ct. at 2253. For the second time, the Supreme Court granted certiorari. Rejecting the state’s argument that a balancing test should be applied to custodial interrogations in accordance with Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968), the Supreme Court held that “[t]he narrow intrusions involved in those cases” following Terry would only be permitted “because ... [those] intrusions fell far short of the kind of intrusion associated with an arrest” and that the surrounding circumstances of this case reveal a seizure of Dunaway requiring probable cause. 442 U.S. at 212, 99 S.Ct. at 2256. In addition, the fact that proper Miranda warnings were given was not, in and of itself, sufficient to attenuate the illegal detention which produced the incriminating statements.

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14 M.J. 189, 1982 CMA LEXIS 14680, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-schneider-cma-1982.