United States v. Seeloff

15 M.J. 978, 1983 CMR LEXIS 933
CourtU.S. Army Court of Military Review
DecidedMarch 31, 1983
DocketCM 441172
StatusPublished
Cited by11 cases

This text of 15 M.J. 978 (United States v. Seeloff) is published on Counsel Stack Legal Research, covering U.S. Army Court of Military Review primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Seeloff, 15 M.J. 978, 1983 CMR LEXIS 933 (usarmymilrev 1983).

Opinion

OPINION OF THE COURT

COHEN, Judge:

Sergeant Seeloff, the appellant, was convicted of premeditated murder and soliciting another to assist in an escape from confinement, violations of Articles 118 and 134, Uniform Code of Military Justice, 10 U.S.C. §§ 918 and 934 (1976). He was sentenced to a dishonorable discharge, total forfeitures, confinement for life and reduction to Private E — 1. The convening authority approved the adjudged sentence.

FACTS

Sergeant Seeloff and Sergeant Heffren began drinking German beer at approximately 1200-1300 hours, 13 October 1980, in their room and continued until about 1930 hours. During this time Sergeant Seeloff drank about ten beers. The victim, a female noncommissioned officer, joined them during this period of time and drank with them. At approximately 1930 hours, the three went to the NCO Club where they continued drinking. Sergeant Heffren left because he was drunk. Sergeant Thrash joined Sergeant Seeloff and the victim for about a half-hour during which Sergeant Seeloff consumed three more beers. Sergeant Thrash saw Sergeant Seeloff and the [980]*980victim leave the club together. He observed they were acting friendly toward each other.

Then, according to Sergeant Seeloff’s statement, he and the victim went to his room and had sexual intercourse. He had an orgasm but the victim did not. The victim wanted to continue but Sergeant Seeloff was unable and unwilling. The victim then attempted to orally sodomize him but he objected. The victim said, “You are just like a nigger. You are a nigger.” Sergeant Seeloff grabbed her by the throat and began strangling her. After awhile his hands became tired and he let go. The victim was not dead and tried to push him away. He grabbed her by the throat and continued strangling her until she was dead. During the strangulation the victim defecated and urinated on the bed.

At approximately 2130 hours, Sergeant Seeloff left his room and went to the Charge of Quarters (CQ) desk. He called Specialist Five Spencer, the CQ, aside and told him that he had a big surprise for Spencer in about thirty minutes. During this conversation, Spencer did not notice any signs of intoxication.

At 2225 hours, Sergeant Seeloff walked into the military police station and stated to Sergeant Shirvinski, the desk sergeant, “I have a personal problem. I have to talk to somebody. I just murdered someone.” Sergeant Shirvinski did not notice signs of intoxication, but did note that Sergeant Seeloff appeared calm. He had not received any reports of violent crime. Sergeant Shirvinski told his desk clerk, Private First Class Edkin, to take Sergeant Seeloff to the Report Room and see if he could render any assistance.

Private First Class Edkin took Sergeant Seeloff across the room to the Report Room. Upon entering, Private First Class Edkin asked Sergeant Seeloff for his identification (ID) card and where the body was. Sergeant Seeloff gave Edkin his ID card and told him the location of the body. Ed-kin returned to Sergeant Shirvinski and told him what Sergéant Seeloff said. Sergeant Shirvinski dispatched a patrol by radio and Private First Class Edkin returned to the Report Room. Private First Class Edkin did not read Sergeant Seeloff his rights and, except for the initial question concerning the location of the body, did not ask him any questions. Edkin just sat there taking notes as fast as he could as Sergeant Seeloff talked.1 During his monologue, Sergeant Seeloff asked for a military attorney, but continued talking. Edkin told Sergeant Seeloff several times not to say anything until agents of the military police (MP) or Criminal Investigation Command (CID) arrived. When the patrol verified that a body had been found, Sergeant Shirvinski had Sergeant Seeloff placed under apprehension and removed to the detention cell (D-cell).

At 2315 hours, Private First Class Johnson and Specialist Four Childers went to the D-cell to inventory Sergeant Seeloff’s personal belongings. They were instructed not to question him. Johnson advised Sergeant Seeloff as to his Article 31 rights. He did not question him. Sergeant Seeloff acknowledged that he understood his rights. Sergeant Seeloff gratuitously stated that he “should have taken a shower before coming there because he still had the smell of the bitch on him.” The military policemen offered no comment in response. Both Childers and Johnson did not consider Sergeant Seeloff to be intoxicated.

At 0030 hours, 14 October 1980, Sergeant Seeloff was taken to the CID office where he was informed of his rights by Special Agent Boatwright including advice that he did not have to waive his rights because he had made prior statements. Sergeant Seeloff waived his rights and made a full statement.

Private First Class Edkin testified that at the time he asked Sergeant Seeloff where the body was, he did not suspect Sergeant Seeloff of an offense and only considered him to be one of the “weird” people one meets when working at the desk in the MP station. It was during the course of Ser[981]*981geant Seeloff’s monologue that Edkin began to suspect that he was serious. At that point, Edkin requested several other military policemen to stand by in the event he might require assistance. When the body was discovered, Private First Class Edkin •became convinced that what Sergeant Seeloff had been telling him was true. Private First Class Edkin never told anyone about Sergeant Seeloff’s request for a lawyer, although he did write it down in his notes. Special Agent Boatwright stated that he was unaware of this request until after he had completed his interrogation.

MOTION TO SUPPRESS STATEMENTS

Sergeant Seeloff’s incriminating statements will be analyzed chronologically beginning with his statement to the CQ and his comments to Sergeant Shirvinski upon entering the military police station. These statements are not under attack, but are considered indicative of Sergeant Seeloff’s eagerness to tell others what he had done. The first critical statements asked to be suppressed are the responses to Private First Class Edkin’s request for Sergeant Seeloff’s identification card and for the location of the body.

A request for identification does not require a prior warning. A statement of one’s name is not “ ‘regarding’ any offense, is not an element of the offense and does not tend to prove a crime.” United States v. Davenport, 9 M.J. 364, 369 (C.M.A.1980). The “disclosure of [one’s] name and address is essentially a neutral act.” California v. Byers, 402 U.S. 424, 432, 91 S.Ct. 1535, 1540, 29 L.Ed.2d 9, 19 (1971). Under the circumstances of this case it was not a statement within the meaning of Article 31(b), Uniform Code of Military Justice, 10 U.S.C. § 831(b) (1976).

With respect to the inquiry regarding the location of the body we likewise find that Sergeant Seeloff was not entitled to a warning. Article 31 and Miranda2 warnings are required when the police, or other officials, desire to question a suspect.

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Bluebook (online)
15 M.J. 978, 1983 CMR LEXIS 933, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-seeloff-usarmymilrev-1983.