United States v. West, Matthew

458 F.3d 1, 373 U.S. App. D.C. 18, 2006 U.S. App. LEXIS 20780, 2006 WL 2346460
CourtCourt of Appeals for the D.C. Circuit
DecidedAugust 15, 2006
Docket05-3070
StatusPublished
Cited by31 cases

This text of 458 F.3d 1 (United States v. West, Matthew) is published on Counsel Stack Legal Research, covering Court of Appeals for the D.C. 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. West, Matthew, 458 F.3d 1, 373 U.S. App. D.C. 18, 2006 U.S. App. LEXIS 20780, 2006 WL 2346460 (D.C. Cir. 2006).

Opinion

Opinion for the Court filed by Circuit Judge GARLAND.

GARLAND, Circuit Judge.

A jury found defendant Matthew West guilty of unlawful possession of a firearm and ammunition by a convicted felon. West raises two issues on appeal. First, he argues that the district court’s use of compound questions during voir dire denied him sufficient information to challenge prospective jurors for cause and impaired his ability to exercise his peremptory challenges intelligently. Second, he contends that the district court erred in failing to suppress evidence of the gun found in his bag. For the reasons set *3 forth below, we affirm the judgment of conviction.

I

West was a passenger on a Greyhound bus traveling from New Jersey to North Carolina on February 2, 2004. During a brief stopover at the Greyhound terminal in Washington, D.C., officers from the Drug Interdiction Unit of the Metropolitan Police Department (MPD) boarded the bus and began questioning passengers. West was seated in the last row of the bus. Detective James McNamara — who was wearing street clothes and did not display a weapon — approached West, showed him his badge, and identified himself as an officer with the Drug Interdiction Unit. In a conversational tone, McNamara asked to see West’s bus ticket. West handed over his ticket, which McNamara examined and returned. Next, McNamara inquired as to whether the bag at West’s feet belonged to him and whether he had packed it himself. West answered “yes” to both questions. McNamara then asked to search the bag. West opened it and began moving items around so that the detective could see what was inside. McNamara then asked West for permission to search the bag himself to ensure his safety.

At this point, the recollections of Detective McNamara and defendant West diverge. At a pretrial hearing held to consider West’s motion to suppress evidence, McNamara testified that West told him he could search the bag, and that West then held the bag’s flap back to allow the search. As the detective moved some clothing, he discovered a loaded revolver and placed West under arrest. By contrast, West testified that, although he opened the bag for the detective and “didn’t mind going through it” for him, he “never told [McNamara] he [could] go through it.” Suppression Hr’g Tr. 56 (May 5, 2004). After hearing the conflicting testimony, the district court concluded that West had consented to the search, that his consent was voluntary, and that evidence regarding the gun' was therefore admissible at trial.

Jury selection commenced on September 29, 2004. Before voir dire began, the lawyers were given a list of the occupations that potential jurors had reported on their juror questionnaires. All but six potential jurors on the panel had listed their occupations.

The court conducted voir dire by asking the panel a series of twenty-nine questions. The questions had either one or two parts. In a one-part inquiry, the court simply asked the venire members an open-ended fact question, such as: Do you know any of the prospective trial witnesses (whom counsel had earlier listed)? The court instructed the panel members to raise their hands if the answer was “yes,” and anyone who answered in the affirmative was called to the bench individually for further questioning to determine whether he or she could be fair and impartial despite that fact. Twenty-two of the court’s twenty-nine questions were one-part inquiries. 1

*4 The court asked the remaining seven questions in two-part, compound form. The first part of the question was again a fact question, for example: Are or were you, or your close personal friends or family members, employed by a law enforcement agency? The second part of each question was: Would that fact make you unable to be fair and impartial to both sides? The judge told the prospective jurors that, regardless of their answer to the first part (the fact question), they were not to raise their hands or say anything unless their answer to the second part (the unable to be fair and impartial question) was “yes.” Only then would they be called to the bench for individual voir dire. There were six other two-part questions, including a similar compound inquiry regarding current or previous employment in criminal defense. 2

West’s counsel objected to the court’s use of compound questions, arguing that it deprived him of “the opportunity to ferret out possible bias.” Trial Tr. 57 (Sept. 29, 2004). The prosecutor joined defense counsel’s , objection, stating that she “agree[d] that jurors should not be responsible for drawing their own conclusions about what makes them fair and impartial.” Id. at 58. The court rejected the lawyers’ objections, explaining that the court “place[d] a very high premium on these jurors abiding by their oath,” that “Cj]ury selection in this district as it is takes hours,” and that “[i]f we attenuate this further, what now takes ... three hours to pick a jury will be six to seven hours.” Id. at 61-62. Selection of the jury concluded after approximately three hours and the jurors, including two alternates, were sworn.

Before trial began the next day, defense counsel noted a further objection for the record, stating that he had been forced to use peremptory challenges on five potential jurors because he “knew nothing about their level of potential bias.” Trial Tr. 9 (Sept. 30, 2004). Those five included an attorney with the Federal Bureau of Investigation (FBI), an attorney with the Department of Justice, a security officer, and two individuals who did not list any employment on their juror questionnaires.

The government called Detective McNamara as its first witness. Almost immediately after the detective began testifying, a juror raised his hand and informed the court that he knew the witness. The court excused the rest of the jury and called the juror to the bench, where the juror informed the court that he was an Amtrak conductor and had helped McNamara and his drug interdiction team take passengers who were being arrested off of trains. In response to questioning from the court, the juror stated that, as a result of this experience, he did not believe he could remain fair and impartial. The court excused the juror and seated an alternate in his place. Detective McNamara then continued his testimony.

McNamara’s trial testimony largely repeated his testimony at the suppression hearing. During its course, McNamara mentioned that a sergeant in the Drug Interdiction Unit — Brian. Murphy — was with him on the bus on the day of West’s arrest. Sergeant Murphy (who was not otherwise involved in the case) was not a trial witness; hence, his name, unlike McNamara’s, had not been read to the jury pool. Before the second day of trial began, a juror approached the court to say *5 that she thought she knew Sergeant Murphy. The juror said that Murphy had once dated a Mend of hers, but that she had not seen the sergeant in three years. The juror stated that she had asked another Mend — an MPD detective who had worked on undercover narcotics cases with Murphy — for confirmation that the Sergeant Brian Murphy mentioned at trial was the same Sergeant Brian Murphy she knew.

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Bluebook (online)
458 F.3d 1, 373 U.S. App. D.C. 18, 2006 U.S. App. LEXIS 20780, 2006 WL 2346460, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-west-matthew-cadc-2006.