United States v. Hatchel, Crim. A. No. 70-110.
| Decision Date | 30 June 1971 |
| Docket Number | Crim. A. No. 70-110. |
| Citation | 329 F. Supp. 113 |
| Parties | UNITED STATES of America, Plaintiff, v. Harold Latham HATCHEL, Defendant. |
| Court | U.S. District Court — District of Massachusetts |
Herbert F. Travers, Jr., U. S. Atty., Henry H. Hammond, Asst. U. S. Atty., for plaintiff.
Herbert N. Goodwin, Boston, Mass., for defendant.
Defendant Harold Latham Hatchel was indicted on two counts for knowingly receiving stolen motor vehicles which were moving as part of interstate commerce. Contending that his constitutional rights were violated, defendant has moved to suppress the following evidence:
1. Documents seized from him by Boston Police Patrolman Edward Johns on August 30, 1969;
2. (a) Statements made by defendant to Patrolman Johns on August 30, 1969; (b) Statements made by defendant to FBI Agent Francis M. Joyce on August 30, 1969; and (c) Statements made by defendant to FBI Agents Francis M. Joyce and Thomas Marquardt on March 26, 1970; and
3. Handwriting samples given by defendant to FBI agents on March 26, 1970.
An evidentiary hearing was held on the motion. On the evidence presented at the hearing, I find that the following incidents occurred on August 30, 1969, and on March 26, 1970.
On the afternoon of August 30, 1969, Boston Police Patrolman Edward Johns observed a maroon 1969 Chrysler being driven slowly backward in the wrong direction on Lucerne Street, a one-way street in the Dorchester section of Boston. Patrolman Johns signalled to the driver of the Chrysler, who was the defendant in this case, to stop, but the defendant drove slowly forward on Lucerne Street and turned left into heavy traffic on Morton Street. Patrolman Johns followed in his police car.
Patrolman Johns followed the Chrysler for several blocks through heavy traffic, and when the two cars were on the less congested Willowwood Street, Johns again signalled to defendant to pull over and stop. Defendant parked his car against the right side curb, and Johns parked about twenty feet in front of defendant's car. Leaving their respective cars, Patrolman Johns and defendant met halfway between the cars. The passengers in defendant's car, a woman seated in the front seat and three teen-aged boys seated in the back seat, remained in defendant's car.
Johns told defendant that he had backed up a one-way street and he asked to see defendant's driver's license and registration. Defendant went to his car and then returned with three documents: two registration certificates and an application for transfer of registration. One registration was for a 1969 Chrysler sedan, registered in the name of Annie Hatcher. The second registration was for a 1962 Chrysler sedan registered in the name of Annie Hatcher. The application for transfer of registration was for a 1969 Chrysler and it also listed the car owner as Annie Hatcher. Defendant said he could not seem to find his driver's license. The defendant gave his name as Harold Hatcher, and his address as 55 Codman Park, Roxbury. He spelled his name for Patrolman Johns, "H-A-T-C-H-E-R." Defendant gave his date of birth as December 16, 1932; when Johns asked him a second time for his date of birth, the defendant said it was December 18, 1933.
Johns asked him whose car he was driving, and defendant replied, "My sister's." Johns determined from the documents the defendant had given him that the car defendant was driving was not properly registered and he asked the defendant for an explanation. Defendant said there was a mix-up and that "we're transferring it back on the other application."
Johns again asked defendant for his driver's license and defendant went back to his car to look for it. Johns also went over to defendant's car, peered through the windshield, and read the serial number printed on the dashboard. As defendant continued to look for his license, Johns went back to his police car, called police headquarters, and asked them to check the serial number of the car. Johns also asked headquarters to send him some help because, he said, "I believed I had an arrest."
Again, Patrolman Johns and defendant met between their cars. Defendant said, "I can't seem to find my license," but he continued to shout to the woman who was seated in the front seat of the Chrysler to "get the licenses."
At this point Patrolman Johns began to feel pressured as defendant continued to advance toward him. Johns pulled his gun, told defendant he was under arrest for driving without a license, and ordered defendant to get into the back seat of the police car. Defendant did so, and Johns placed handcuffs on him.
Patrolman Johns then received word over his police radio that the automobile defendant was driving had been stolen on March 14, 1969. Johns told defendant that the car was stolen, and defendant said that he didn't know anything about it, that the car belonged to his sister, Annie Hatcher, and that he had just borrowed it.
Defendant continued to yell to the woman in the car, a Mrs. Gloria Mallory, to get the licenses. Johns asked defendant who the people in his car were, and the defendant said he didn't actually know, that he had just picked them up and that he was giving them a ride.
When additional police officers arrived, Patrolman Johns advised defendant of his constitutional rights by reading a police "Miranda card" which contained the proper warnings. The defendant said, "I've said all I'm going to say." He was not questioned further at that time.
Thereafter, defendant was taken to Division 3 of the Boston Police Department, where he was again properly informed of his Miranda rights by a desk sergeant. He was fingerprinted and photographed, but not interrogated.
A short time later, FBI Special Agent Francis M. Joyce, having been informed that Patrolman Johns had arrested someone in possession of a car which had been stolen in Pennsylvania, arrived at Division 3. Agent Joyce orally advised defendant of his constitutional rights, and he also handed defendant the Boston Police Department "Miranda card" for defendant to read. Defendant said that he understood his rights but that he was willing to answer questions. No promises, threats, or any other forms of coercion were utilized to induce defendant to answer questions. Agent Joyce recorded his memory of this conversation with the defendant on FBI Form 302, dated September 5, 1969, marked Exhibit 7 at the hearing on the motion to suppress.
On March 26, 1970, Agent Joyce, in possession of a warrant for the arrest of defendant, and in the company of FBI Special Agent James Scanlon and several other FBI agents, went to the second floor apartment at 20 Theodore Street in the Dorchester section of Boston. Agent Joyce knocked on the door and called out, "Mr. Hatchel!" From inside the apartment the defendant responded, "Who is it?" Joyce replied, "This is the FBI; we have a warrant for your arrest."
"What?" called defendant.
"Kick it in," defendant called.
No further response was made by defendant, but the agents could hear noises from inside the apartment. After about three minutes had elapsed, the agents broke through the door and arrested the defendant. Joyce told defendant that he was under arrest for receiving an automobile which had been stolen and transported in interstate commerce. Agent Scanlon advised defendant of his constitutional rights.
Defendant was not questioned at 20 Theodore Street; he was taken to the FBI office at the John F. Kennedy Federal Building in Boston. Agent Joyce again orally advised defendant of his constitutional rights and provided defendant with a written advice of rights and waiver of rights form. Defendant signed this waiver of rights form in the presence of Agent Joyce and FBI Special Agent Thomas K. Marquardt.
Agent Joyce asked defendant if he understood the document and defendant said yes. Agent Joyce asked if defendant was willing to be interviewed without an attorney, and defendant said yes. Agents Joyce and Marquardt proceeded to interrogate the defendant. No promises, threats, or any other form of coercion were employed to induce defendant to answer questions. Agent Joyce recorded his memory of this interview with defendant on FBI Form 302, dated March 31, 1970, marked Exhibit 6...
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