U.S. v. Doe

• Citation: 155 F.3d 1070
• Decision Date: 25 August 1998
• Docket Number: 95-10561,Nos. 95-10455,s. 95-10455
• Parties: 98 Cal. Daily Op. Serv. 6585, 98 Daily Journal D.A.R. 9120 UNITED STATES of America, Plaintiff-Appellee, v. John DOE, a Juvenile, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellant, v. John DOE, a Juvenile, Defendant-Appellee.
• Court: United States Courts of Appeals. United States Court of Appeals (9th Circuit)

Page 1070

155 F.3d 1070

98 Cal. Daily Op. Serv. 6585, 98 Daily Journal

D.A.R. 9120

UNITED STATES of America, Plaintiff-Appellee, v. John DOE, a Juvenile, Defendant-Appellant.

UNITED STATES of America, Plaintiff-Appellant, v. John DOE, a Juvenile, Defendant-Appellee.

Nos. 95-10455, 95-10561.

United States Court of Appeals, Ninth Circuit.

Argued and Submitted Aug. 28, 1997.

Decided Aug. 25, 1998.

Gerald A. Williams, Assistant Federal Public Defender, Phoenix, Arizona, for defendant-appellant.

Vincent Q. Kirby, Georgia B. Ellexson, Assistant United States Attorney's, Phoenix, Arizona, for plaintiff-appellee.

Appeals from the United States District Court for the District of Arizona Paul G. Rosenblatt, District Judge, Presiding. D.C. No. CR-94-00369-PGR.

Before: HUG, Chief Circuit Judge; FLETCHER, PREGERSON, REINHARDT, HALL, BRUNETTI, THOMPSON, O'SCANNLAIN, THOMAS G. NELSON, HAWKINS, and TASHIMA, Circuit Judges.

BRUNETTI, Circuit Judge:

John Doe petitioned for rehearing from the March 27, 1997, Ninth Circuit reversal of the district court's order to suppress statements Doe made, while a juvenile, after waiving his Miranda rights but without parental notification. We have taken this case en banc to reconsider two issues. First, whether failure to notify a juvenile's parent of his arrest is a constitutional due process violation that requires suppression of the juvenile's statements made in the absence of parental notification and without the parent's presence. Second, whether § 5033 of the Juvenile Justice and Delinquency Prevention Act, 18 U.S.C. § 5033 et seq. ("JJA"), applies where a juvenile is questioned by federal agents while he is held in tribal custody pursuant to tribal charges.

We hold that Doe's Miranda waiver was knowing, intelligent, and voluntary. Additionally, we hold that lack of parental notification is not, per se, a due process violation voiding the Miranda waiver. Finally, we vacate the district court's decision that 18 U.S.C. § 5033 applies on these facts and remand for further factual determination as to the relationship between the federal and tribal police.

I. Facts and Proceedings Below

In 1991, when all relevant events took place, John Doe was 17 years old. He lived on the Navajo Indian Reservation in Chinle, Arizona.

On April 26, 1991, Doe met his friend, John Yellowman, and began a drinking binge that would continue all day. They drank wine most of the morning. When the wine was gone, they met two other young men and drank beer throughout the afternoon. They then proceeded to another juvenile's home and smoked marijuana and drank "ocean," a mixture of Lysol or hairspray and water. When the "ocean" was gone, they left the home in search of additional alcohol.

At this point, late in the evening on April 26th, John Yellowman, Wally Hallwood, another 17-year-old Navajo juvenile, and John Doe entered a residential trailer on the reservation. There were four occupants in the trailer. Upon entry, a fight broke out. Two of the occupants were fatally stabbed, and a third seriously injured. Doe and his accomplices then left the trailer.

After this incident, Yellowman and Doe went to a dance at the Chinle Recreation Center in the Sunnyside Housing Development. There they met two men. Doe asked them for cigarettes. A fight then broke out resulting in the nonfatal stabbing of the two men.

During the early morning hours of April 27, 1991, Navajo Tribal Police officers responded to a report of an accident/injury at a trailer located in Chinle within the Navajo Indian Reservation. Upon arrival, the police discovered three Indian males all suffering from stab wounds. Two victims, later identified as Bobby Marks and Leon Notah, were transported to the Chinle Hospital and pronounced dead on arrival. A third victim, George Taylor, was also transported to the Chinle Hospital suffering from wounds which were potentially life threatening.

While investigating these homicides, tribal officers received reports of another stabbing at the Sunnyside Housing Development. There were two victims at the Sunnyside Housing Development, Robert Woods and Randy Jake. Both men were transported to the Chinle Hospital and treated for stab wounds prior to their release.

The three surviving victims provided a description of their assailants to the tribal officers. Shortly thereafter, tribal police arrested Yellowman and Doe. At the time of arrest, both suspects were hiding near the second stabbing location and had blood on their clothing.

At approximately 1:30 a.m. on April 27th, as the tribal investigation continued, FBI Special Agent Stan Burke was contacted concerning the stabbings. At approximately 4:00 a.m. he arrived in Chinle at the scene of the first incident and was briefed by tribal police.

Agent Burke returned to the Chinle Police Department and interviewed Doe at approximately 5:00 a.m. The interview was conducted in the presence of Franklin Tsosie, Criminal Investigator with the Navajo Department of Law Enforcement. Agent Burke introduced himself to Doe and advised him that he was investigating a stabbing-murder that had occurred in the nearby trailer. Agent Burke did not place Doe under arrest for any federal offense and Doe was not in federal custody. Doe was, however, being held pursuant to tribal charges of aggravated assault. Agent Burke did not inquire into Doe's age and was not aware that Doe was a juvenile until the end of the interview.

Prior to beginning the interview, Agent Burke reviewed with Doe his Miranda rights, using an FBI Advice of Rights Form. He asked Doe if he understood his rights. Burke specifically asked Doe if he knew what "coercion" meant. Doe stated that he did not and Agent Burke provided an explanation. Doe then stated that he understood his rights, signed the Advice of Rights Form, and agreed to speak with Agent Burke. The responses that followed, including Doe's confession to the stabbings, are the subject of this appeal.

On December 22, 1994, Doe was federally charged in an information with Premeditated First Degree Murder, Counts 1 and 3; Felony First Degree Murder, Counts 2 and 4; Residential Burglary, Count 5; and Assault Resulting in Serious Bodily Injury, Counts 6-8, all occurring on April 27, 1991.

II. Due Process Protections

The Supreme Court has specifically extended the protections of the Due Process Clause to proceedings in which a juvenile may be adjudged delinquent. In re Gault, 387 U.S. 1, 31-55, 87 S.Ct. 1428, 18 L.Ed.2d 527 (1967). The Court admonished law enforcement and courts to take care to ensure that a juvenile's admissions were voluntary and not the "product of ignorance of rights or of adolescent fantasy, fright or despair." Id. at 55, 87 S.Ct. 1428. The Court in Gault, however, declined to establish specific procedural requirements for the investigatory phase stating "we are not here concerned with the procedures or constitutional rights applicable to the pre-judicial stages of the juvenile process." Id. at 13, 87 S.Ct. 1428. Thus, beyond the Court's general admonition, Gault is of little specific guidance in a case where the juvenile's statement is taken during the investigation and prior to any proceedings. Accordingly, we review Doe's Miranda waiver for overall due process compliance.

The test for reviewing a juvenile's waiver of rights is identical to that of an adult's and is based on the "totality of the circumstances." Fare v. Michael C., 442 U.S. 707, 725, 99 S.Ct. 2560, 61 L.Ed.2d 197 (1979). There is no due process requirement that the juvenile's parents be notified for the waiver to be valid, and we decline to create one. Rather, the lack of parental notification is one factor to consider in the totality of the circumstances. See Stone v. Farley, 86 F.3d 712, 717 (7th Cir.1996); United States v. M.I.M., 932 F.2d 1016, 1018 (1st Cir.1991); United States v. White Bear, 668 F.2d 409, 412 (8th Cir.1982); Miller v. Maryland, 577 F.2d 1158, 1159 (4th Cir.1978); see also Harris v. Wright, 93 F.3d 581, 586 (9th Cir.1996); United States v. Doe, 701 F.2d 819, 822 (9th Cir.1983).

For a waiver of rights to be valid it must be voluntarily, knowingly, and intelligently given. Miranda v. Arizona, 384 U.S. 436, 444, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966). "Whether there has been a valid waiver depends on the totality of the circumstances, including the background, experience, and conduct of defendant." United States v. Bautista-Avila, 6 F.3d 1360, 1365 (9th Cir.1993) (quoting United States v. Bernard S., 795 F.2d 749, 751 (9th Cir.1986)).

A waiver is voluntary if, under the totality of the circumstances, the confession was the product of a free and deliberate choice rather than coercion or improper inducement. United States v. Pinion, 800 F.2d 976, 980 (9th Cir.1986). A waiver is knowing and intelligent if, under the totality of the circumstances, it is made with a "full awareness of both the nature of the right being abandoned and the consequences of the decision to abandon it." Moran v. Burbine, 475 U.S. 412, 421, 106 S.Ct. 1135, 89 L.Ed.2d 410 (1986).

A. Standard of Review

We review a district court's rulings on Miranda waiver according to a two-step standard of review. The inquiry as to knowing and intelligent waiver is essentially a question of fact. Whether a defendant's waiver was knowing and intelligent is reviewed for clear error. Collazo v. Estelle, 940 F.2d 411, 416 (9th Cir.1991) (en banc). On the other hand, an assessment of the voluntariness of a Miranda waiver, like a probable cause or reasonable suspicion determination, is a mixed question of law and fact that we review de novo. Id. at 415-16. Voluntariness turns on broad legal principles, and without de novo review, we would be unable to properly define these legal principles and maintain a unitary system of law. Indeed, one of the questions presented by this case-whether due process requires parental notification before a juvenile can voluntarily waive his Miranda...