Adams v. United States, 6589.

Decision Date20 March 1973
Docket NumberNo. 6589.,6589.
Citation302 A.2d 232
PartiesRufus E. ADAMS, Jr., Appellant, v. UNITED STATES, Appellee.
CourtD.C. Court of Appeals

Frederick H. Weisberg, Brooklyn, N. Y., with whom Douglas C. Dodge, appointed by this court, was on the brief, for appellant.

Douglass J. McCollum, Asst. U. S. Atty., with whom Harold H. Titus, Jr., U. S. Atty., John A. Terry and Richard N. Stuckey, Asst. U. S. Attys., were on the brief, for appellee.

Before KERN, NEBEKER and PAIR, Associate Judges.

NEBEKER, Associate Judge:

This appeal from convictions for assault with a dangerous weapon1 and carrying a dangerous weapon2 presents questions relating to identifications flowing from a photograph of appellant taken by the police allegedly in violation of appellant's Fourth Amendment rights, and pretrial identifications allegedly so impermissibly suggestive as to violate appellant's Fifth Amendment due process rights. After viewing the record and briefs, and hearing argument, we find no error and affirm.

On March 22, 1971, while Mrs. Evangeline West was walking near her home, she was approached from the rear by appellant who grabbed her by the neck and placed a knife at her throat. Appellant forced her to walk down the block. As they walked, Mrs. West was able to feel the hair of his beard and by turning her eyes in his direction she was able to see his face. She was again able to closely observe his face, features, and clothing when they stopped under a street light. Mrs. West broke away for a short time; however, when she slipped on a wet embankment, appellant was able to catch her. As she struggled to free herself, appellant cut her several times with his knife. During this period she was again able to fully observe appellant's features. He then fled.

When interviewed by the police at the hospital the next day, Mrs. West gave a description of her assailant. A police artist also visited her at the hospital and, from her detailed description of facial features, prepared a composite drawing.

On April 6, 1971, two detectives with a reproduction of the composite drawing and the description given by Mrs. West were searching the area of the crime while investigating a series of assaults in that area. Within a block of the attack on Mrs. West the detectives observed appellant, whose facial features, physical characteristics and clothing matched the description and, in their view, the composite drawing.3 The officers testified that they approached appellant, identified themselves, explained why they stopped him, and fully advised him of his rights. They told him they would like to take some photographs of him and asked if he would accompany them to the police station. Appellant consented but stated he wanted to be returned to that block. He was then taken to the station, photographed and returned thirty minutes later.

While hospitalized, Mrs. West viewed numerous photographs from which she picked two that were the "closest to him". On April 7, she was shown a group of pictures which contained a 1965 photograph of the appellant.4 In this photograph, appellant did not have a beard, a bush hair style, or a mustache. Mrs. West passed over it without comment. On April 9, Mrs. West was shown another group of photographs to include the photograph of appellant taken on April 6. Mrs. West selected appellant's picture saying, "It looks like him. That is him. It looks a lot like him. I'd like to see him in person."

As a result of this identification, appellant was arrested and a search warrant issued. The search of his home uncovered a yellow knife and clothing which Mrs. West later testified were similar to the knife and clothing which her assailant possessed.

Appellant was identified by Mrs. West in a lineup on April 15, 1971, at which time she stated, "Number three is the closest. He had more hair." Again on August 3, 1971, she identified him in a second lineup stating, "Number 14."

Appellant contends (1) that even though the issue was not raised in the trial court,5 it was plain error for the trial court not to suppress identifications flowing from the photographs taken of appellant when he was taken to the police station without probable cause in violation of his Fourth Amendment rights; and (2) that the pretrial identifications were so impermissibly suggestive by the frequency of being shown appellant's photograph and by viewing appellant in the lineups as to violate appellant's Fifth Amendment rights.

The decision whether a court will recognize plain error is a discretionary one. Washington v. United States, 134 U.S.App.D.C. 223, 414 F.2d 1119 (1969); Hill v. United States, D.C.App., 280 A.2d 925 (1971). Absent a clear showing of a miscarriage of justice, courts are not disposed to notice alleged errors which are raised for the first time upon appeal. Harris v. United States, 112 U.S.App.D.C. 100, 299 F.2d 931 (1962). The rationale for requiring a specific objection is to allow the trial court judge an opportunity to correct the mistake as well as to allow the prosecution an opportunity to present evidence on the issue raised. United States v. Indiviglio, 352 F.2d 276 (2d Cir. 1965); Hill v. United States, supra. In exercising this discretion the courts have looked to all the circumstances of the case in order to determine whether there is a probability that there has been a miscarriage of justice. In Washington, where no error was raised in the trial court, the court stated:

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  • Christian v. United States
    • United States
    • D.C. Court of Appeals
    • September 28, 1978
    ...to the plain error standard of review. Watts v. United States, D.C.App., 362 A.2d 706, 709 (1976) (en banc); Adams v. United States, D.C.App., 302 A.2d 232, 234 (1973). The exercise of our authority to review alleged errors in such cases is a matter of discretion, even when a constitutional......
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    • United States
    • D.C. Court of Appeals
    • December 30, 1976
    ...by the victims before use. This method of identifying suspects is apparently well accepted in this jurisdiction. See Adams v. United States, D.C.App., 302 A.2d 232 (1973); United States v. Poole, 27. The trial court found as a fact that probable cause existed and Davis was under arrest afte......
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    • D.C. Court of Appeals
    • July 28, 1976
    ...be so clearly prejudicial to substantial rights as to jeopardize the very fairness and integrity of the trial. See Adams v. United States, D.C.App., 302 A.2d 232 (1973); Bunter v. United States, D.C.App., 245 A.2d 839 (1968). Evaluating this case in such a light, we conclude that the challe......
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    • United States
    • D.C. Court of Appeals
    • November 10, 1977
    ...132 U.S.App.D.C. at 295, 407 F.2d at 1230. See also Watts v. United States, D.C. App., 362 A.2d 706 (1976) (en banc); Adams v. United States, D.C.App., 302 A.2d 232 (1973). This does not, however, mean that his sentence on that conviction should stand. Fuller, supra, 132 U.S.App.D.C. at 298......
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