37 52 Douglas v. Buder 8212 6198

• Court: U.S. Supreme Court
• Writing for the Court: PER CURIAM; BLACKMUN
• Citation: 37 52 Douglas v. Buder 8212 6198, 412 U.S. 430, 93 S.Ct. 2199, 37 L.Ed.2d 52 (1973)
• Decision Date: 04 June 1973
• Docket Number: No. 72,72
• Parties: . 37 L.Ed.2d 52 James R. DOUGLAS v. William E. BUDER, Judge. —6198

412 U.S. 430

93 S.Ct. 2199.

37 L.Ed.2d 52

James R. DOUGLAS

v William E. BUDER, Judge.

No. 72—6198.

June 4, 1973.

PER CURIAM.

In November 1971, petitioner, a 50-year-old truck driver with no prior offenses, pleaded guilty to two counts of manslaughter and was given a suspended sentence and placed on probation for a period of four years by the respondent Missouri Circuit Court Judge. One of the conditions of probation was that '(a)ll arrests for any reason must be reported without delay to (petitioner's) probation and parole officer.' In January 1972, petitioner was involved in a seven-vehicle chain-reaction accident on an Arkansas highway. The driver of the first vehicle was issued a traffic citation for failure to yield the right of way, and petitioner, along with four other drivers involved in the accident, was issued a citation for driving too fast for existing conditions. At the next scheduled meeting with his probation officer, 11 days after the accident, petitioner mentioned the accident and the receipt of the traffic citation. On the same day, the probation officer reported this information to respondent who thereupon scheduled a hearing for the purpose of determining whether petitioner's probation should be revoked. At the hearing, both the probation officer and the prosecutor took the position that petitioner had not violated any of the conditions of his probation and both recommended that probation be continued. Nevertheless, respondent, stating that petitioner's failure to report the accident and the traffic citation 'displayed poor attitude toward his probation' and was not in 'strict compliance with the terms of the probation,' revoked probation and sentenced petitioner to concurrent terms of two years on each of the original two counts. Petitioner sought a writ of prohibition in the Missouri Supreme Court, but that court, in a 4—3 decision, concluded that respondent had not abused his discretion and therefore denied relief.

The apparent premise upon which respondent proceeded in revoking petitioner's probation was that petitioner had failed promptly to report an 'arrest.' But the issuance of the traffic citation was not an 'arrest' under either Missouri or Arkansas law. By statute, Missouri defines an 'arrest' as 'an actual restraint of the person of the defendant, or . . . submission to the custody of the officer, under authority of a warrant or otherwise.' Mo.Rev.Stat. § 544.180 (1953). Similarly, Arkansas defines an 'arrest' as the 'placing of the person of the defendant in restraint, or . . . submitting to the custody of the person making the arrest.' Ark.Stat.Ann. § 43—412 (1947). The record before us discloses absolutely no evidence that petitioner was subjected to an 'actual restraint' or taken into 'custody' at the scene of the accident or elsewhere. Consequently, we conclude that the...